MARCH 14, 2006 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF. At-Large
VICE MAYOR LOUIS R. JONES. Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER. Centerville - District 1
REBA S. McCLANAN. Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE. Princess Anne - District 7
PETER W. SCHMIDT. At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD. Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HAll BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E- MAlL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
14 MARCH 2006
I.
CITY COUNCIL COl\1MENTS
- Conference Room -
3:00PM
n. REVIEW OF AGENDA ITEMS
m. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
N. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Frances Cooper
Pastor, Courthouse Community Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
March 7, 2006
G. AGENDA FOR FORMAL SESSION
H. BRIEFING and PUBLIC COl\1MENT
1. OCEANA LAND USE CONFORMITY PROGRAM
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolutions to REFER Ordinances to the Planning Commission re Accident Potential Zone
1 (APZ-l):
a. AMEND Chapter I of the Comprehensive Plan re incorporating voluntary
conversion of nonconforming uses to conforming uses
b. AMEND and REORDAIN Article 18 of the City Zoning Ordinance (CZO) to
AMEND ~~ 1803 and 1807 (Appendix A) and ADD ~~ 1808 - 1810 re allowing
certain uses that are conditional uses in the underlying zoning district as principal
uses (APZ-l Incentives Ordinance)
2. Resolution to SUPPORT the National Park Service's Captain John Smith Chesapeake
National Historic Water Trail feasibility study.
3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Urban Land
Institute (ULI) re a Pungo Village Land Use study.
4. Ordinance to TRANSFER $43,400 from the Reserve for Contingencies in the FY 2005-2006
Operating Budget regional participation re a contribution to the Hampton Roads Military
and Federal Facilities Alliance.
K. PLANNING - NO ACTION
1. Application of BELLAMY ASSOCIATES, L.c. for a Change of Zoning District
Classification from R-7.5 Residential District to Conditional A-18 Apartment District for
multi-family dwellings at 4416 Princess Anne Road. The Comprehensive Plan designates
this site as being within the Primary Residential Area. (DISTRICT 2 - KEMPSVILLE)
. . . . . . This item was incorrectly advertised for February 28 and March 14th;
therefore, it must be shown on this Agenda; however, on February 28th,
City Council DEFERRED CONSIDERA TION INDEFINITELY;
therefore NO ACTION IS NECESSARY this date.
2. Ordinance to AMEND Section 502 of the City Zoning Ordinances (CZO) re front yard
setbacks for lots fronting on the east side of Sandfiddler Road.
This item was incorrectly advertised and cannot be heard as advertised.
L. PLANNING
1. Variance re lot size to ~4.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for BENJAMIN J.
WILLIS, III at 404 54th Street to create two (2) single-family lots.
(DISTRICT 5 - L YNNHA YEN)
RECOMMENDATION:
APPROVAL
2. Variance re lot width to ~4.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for JESSUP
CONSTRUCTION, L.L.C. at 956 Hurds Road to create two (2) single-family lots.
(DISTRICT 5 - L YNNHA YEN)
RECOMMENDATION:
APPROVAL
3. Application of RICHARD and LOVIE FORTUNE to place a mobile home for a relative to
reside on their property at 3892 Charity Neck Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
WITHDRAWAL
4. Application of SUNSATIONS REALTY, L.L.c. for a Change of Zoning District
Classification from B-2 Community Business District to Conditional 1-1 Light Industrial
District for an office/warehouse at Village Road and Virginia Beach Boulevard. The
Comprehensive Plan designates this site as being within the Primary Residential Area.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
5. Application ofM.B.B., INC. for a Conditional Use Permit for mini-warehouses at Diamond
Springs Road and Haden Road. The proposal is consistent with the Comprehensive Plan's
recommendations. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
6. Ordinance to AMEND ~S 111, 201 and 502 of the City Zoning Ordinance (CZO) re rear
yard setbacks for swimming pools and accessory structures on through lots.
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES and W ATERW A YS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
RESORT AREA COMMITTEE (RAC)
SOCIAL SERVICES BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION.
April 11 (Workshop)
April 13 (Workshop)
April 18 (Workshop)
April 20 (Public Hearing)
April 25 (Workshop)
April 25 (Public Hearing)
May 3 (Reconciliation Workshop)
May 9 (Adoption)
Council Conference Room
Council Conference Room at 3:00 p.m.
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room at 2:00 p.m.
Council Chamber
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
***********
Agenda 03/14/2006mb
www.vbgov.com
I. CITY COUNCIL COl\1MENTS
- Conference Room -
3:00 PM
n. REVIEW OF AGENDA ITEMS
m. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30 PM
N. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCA TION:
Reverend Frances Cooper
Pastor, Courthouse Community Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICA TION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
March 7, 2006
G. AGENDA FOR FORMAL SESSION
iRrsnlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in confonnity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. BRIEFING and PUBLIC COMMENT
1. OCEANA LAND USE CONFORMITY PROGRAM
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolutions to REFER Ordinances to the Planning Commission re Accident Potential Zone
1 (APZ-l):
a. AMEND Chapter 1 of the Comprehensive Plan re incorporating voluntary
conversion of nonconforming uses to conforming uses
b. AMEND and REORDAIN Article 18 of the City Zoning Ordinance (CZO) to
AMEND SS 1803 and 1807 (Appendix A) and ADD SS 1808 -1810 re allowing
certain uses that are conditional uses in the underlying zoning district as principal
uses (APZ-l Incentives Ordinance)
2. Resolution to SUPPORT the National Park Service's Captain John Smith Chesapeake
National Historic Water Trail feasibility study.
3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Urban Land
Institute (ULI) re a Pungo Village Land Use study.
4. Ordinance to TRANSFER $43,400 from the Reserve for Contingencies in the FY 2005-2006
Operating Budget regional participation re a contribution to the Hampton Roads Military
and Federal Facilities Alliance.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Referring to the Planning Commission an Ordinance to
Amend Chapter 1 of the Comprehensive Plan by Incorporating
Principles Guiding the Voluntary Conversion of Nonconforming Uses
in Accident Potential Zone 1 to Conforming Uses
MEETING DATE: March 14, 2006
. Background: On December 20, 2005, the City Council adopted a package of
ordinances as part of its Base Realignment and Closure Commission (BRAC) plan.
Among those ordinances were the APZ-1 Ordinance, which prohibited new
development of incompatible uses in APZ -1, and an ordinance adopting the APZ -1 Use
and Acquisition Plan. The Plan, which was amended on February 14 to include Clear
Zones, directs the City Manager to bring forward to the City Council innovative methods
of rolling back nonconforming development in APZ-1 and the Clear Zones. The City
Council has been briefed on the package of proposals to accomplish this goal, one of
which proposals is an ordinance providing zoning incentives for the development of
conforming uses in APZ-1.
. Considerations: The resolution refers to the Planning Commission, for action
by no later than March 27, 2006, an ordinance amending the Comprehensive Plan by
adding language that incorporates Principles Guiding the Voluntary Conversion of
Nonconforming Uses in Accident Potential Zone 1 to Conforming Uses.
. Public Information: No special form of advertisement or public notice is
required for the resolution; the Planning Commission's and City Council's public
hearings on the Comprehensive Plan amendment itself, however, will be advertised in
accordance with the statutes governing zoning matters. In addition, the Plan
amendments, as well as the other items in the incentives package, will be the subject of
considerable additional public outreach.
. Alternatives: The City Council may, if it desires, not adopt this resolution. The
Comprehensive Plan amendment that is the subject of the resolution, however, is an
integral part of the City's BRAC compliance plan, and its adoption will significantly
further the City's efforts in this regard.
. Recommendations: Adoption of resol ution
. Attachments: Ordinance
Recommended Action: Adoption of resolution
Submitting DepartmentlAgencr Planning Department
City Manage. lC ~~
~~
~
1
2
3
4
5
6
7
8
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND
CHAPTER 1 OF THE COMPREHENSIVE PLAN BY
INCORPORATING PRINCIPLES GUIDING THE
VOLUNTARY CONVERSION OF NONCONFORMING
USES IN ACCIDENT POTENTIAL ZONE 1 TO
CONFORMING USES
9
WHEREAS, the public convenience, general welfare and good
10 zoning practice so require;
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13
That the above-entitled ordinance, a true copy of which is
14 hereto attached, is hereby referred to the Planning Conunission
15
for its consideration and recommendation.
The Planning
16 Commission is directed to consider, and make its reconunendation
17 on, such ordinance by no later than March 27, 2006 and forthwith
18 to transmit to the City Council its reconunendation thereon.
19
Adopted by the Council of the City of Virginia Beach,
20 Virginia, on the
day of
, 2006.
CA9936
OID/ordres/AICUZ/APZ-l
R-l
March 7, 2006
Comp Plan res.doc
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ ~- ~-ol,
Planning Department
{u~ft! Jb!
City Attorney's Office
1
2
3
4
5
6
7
AN ORDINANCE TO AMEND CHAPTER 1 OF
THE COMPREHENSIVE PLAN BY
INCORPORATING PRINCIPLES GUIDING
THE VOLUNTARY CONVERSION OF
NONCONFORMING USES IN ACCIDENT
POTENTIAL ZONE 1 TO CONFORMING
USES
6
WHEREAS, on March 27, 2006, the Planning Commission held a
7 public hearing concerning the amendment of the Comprehensive
8 Plan (the ~Plan") as set forth in the attached Exhibit A, and at
9 the conclusion of such public hearing, recommended that the Plan
lObe amended thereby;
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13
That the Comprehensive Plan be, and hereby is, amended and
14 reordained in accordance with the attached Exhibit A.
15
16
Adopted by the Council of the City of Virginia Beach,
17 Virginia, on the
day of
, 2006.
CA-9802
OID/ordres/AICUZ/APZ-l
R-l
March 7, 2006
Comp Plan ordin.doc
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
'v6~ ~-1J-P(,
Plannin~~artment
}{)JM j?J/!t1(h/t!
City Attorney's Office
Exhibit A
Recommended Amendment to
Comprehensive Plan
March 28, 2006
Underlined text indicates proposed addition to the following portion of
the Comprehensive Plan:
Chapter 1
Introduction and General Strategy
Page 12 of the Comprehensive Plan Policy Document
A strong military presence in the community
We want Virginia Beach to continue to be the proud host and home to the military. We
support the military and recognize the important contributions they make to our
community. We will work to further galvanize the strong partnership that has been a
hallmark of our relationship over the past four decades. The military presence in this
region is a major positive force that stabilizes our economy, provides numerous
government and private sector jobs, results in extensive government expenditures in the
private sector, and provides an important element in the identity for the region. The
military also helps by contributing to a reliable and well-trained local1abor pool that is an
effective lure to desirable industry. A consistent and reliable AICUZ Program provides
necessary protection to potential development in the community from jet noise and
accident potential, and is an important factor in enabling the military to remain here in
force and contribute to our local economy. Future military aircraft basing decisions may
bring louder and more numerous aircraft accentuating the importance of giving due
consideration to this program during all land use decision making. Retention and growth
of the military presence in this region will be directly reflected in the economic vitality of
Virginia Beach.
To ensure that the military remains here in force and continues to contribute to our local
economy, areas of the city instrumental to military operations must be strategically
planned to consist ofland uses that conform to OPNA V Instructions regarding AICUZ.
The area designated as Accident Potential Zone 1 is a geographic area of special concern.
Already subject to the APZ-l ordinances, which prohibit by-right development not in
accordance with the OPNA V Instructions, and to the AICUZ Overlay Ordinance, which
prohibits discretionary approval by Council except in accordance with the OPNA V
Instructions, this area is also the subject of an intense effort by the City to work with
willing property owners to transform nonconforming uses to conforming uses in APZ-l.
This will be conducted according to three basic principles:
1. The City's involvement will be only with willing property owners. While the City
will encourage and facilitate certain choices, it will not force solutions on
unwilling participants.
2. The City will encourage the orderly exercise of choice. Residents and businesses
that choose to remain in the status quo deserve a quality setting in which to live
and work. Unsuitable uses will not be allowed to intrude into areas where people
live and work to the detriment of the Quality oflife, and they will not be allowed
to infringe upon established neighborhoods and commercial areas. Integrity of
existing land use is a first priority.
3. The second priority, where it can be achieved compatibly with existing
neighborhoods and businesses. is to systematically replace uses that are
nonconforming under the OPNA V Instructions with those are conforming.
Among the techniques to be used are: retention of conforming uses where they
already exist recruitment of conforming uses from outside the APZ-l area;
providing incentives to the private sector to replace nonconforming with
conforming uses; and location of appropriate conforming public uses within the
area.
,.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
.J
ITEM:
Resolution Referring to the Planning Commission, as Part of the
Oceana Land Use Conformity Program, an Ordinance to Amend and
Reordain Article 18 of the City Zoning Ordinance (Appendix A) by
Amending Sections 1803 and 1807 and Adding New Sections 1808,
1809 and 1810 Allowing Certain Uses as Principal Uses in Accident
Potential Zone 1 Where Allowed as Conditional Uses in the
Underlying Zoning District (APZ-1 Incentives Ordinance)
MEETING DATE: March 14,2006
. Background: On December 20, 2005, the City Council adopted a package of
ordinances as part of its Base Realignment and Closure Commission (BRAC) plan.
Among those ordinances were the APZ-1 Ordinance, which prohibited new
development of incompatible uses in APZ-1, and an ordinance adopting the APZ-1 Use
and Acquisition Plan. The Plan, which was amended on February 14 to include Clear
Zones, directs the City Manager to bring forward to the City Council innovative methods
of rolling back nonconforming development in APZ-1 and the Clear Zones. The City
Council has been briefed on the package of proposals to accomplish this goal, one of
which proposals is an ordinance providing zoning incentives for the development of
conforming uses in APZ-1.
. Considerations: The resolution refers to the Planning Commission, for action
by no later than March 27, 2006, the ordinance referred to as the "APZ-1 Incentives
Ordinance." The ordinance would allow certain uses that are conditional uses in the
underlying zoning district to be developed in APZ-1 by right (Le., without the need for a
conditional use permit) if certain development features are provided. These features
consist of, among other things, enhanced landscaping, signage, building materials and
building design intended to ensure that a use developed pursuant to the ordinance does
not adversely affect nearby residential neighborhoods.
. Public Information: No special form of advertisement or public notice is
required for the resolution; the Planning Commission's and City Council's public
hearings on the ordinance, however, will be advertised in accordance with the statutes
governing zoning matters. In addition, the ordinance, as well as the other items in the
incentives package, will be the subject of considerable additional public outreach.
. Alternatives: The City Council may, if it desires, not adopt this resolution. The
ordinance that is the subject of the resolution, however, is an integral part of the City's
BRAC compliance plan, and its adoption will significantly further the City's efforts in this
regard.
. Recommendations: Adoption of resolution
. Attachments: Ordinance
Recommended Action: Adoption of resolution
Submitting Department! Agency: Planning Department ~ ~
City Managerce~ V- . ~~ =-
1
2
3
4
5
6
7
8
9
10
11
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION, AS PART OF THE qCEANA LAND USE
CONFORMITY PROGRAM, AN ORDINANCE TO AMEND
AND REORDAIN ARTICLE 18 OF THE CITY ZONING
ORDINANCE (APPENDIX A) BY AMENDING SECTIONS
1803 AND 1807 AND ADDING NEW SECTIONS 1808,
1809 AND 1810, ALLOWING CERTAIN USES AS
PRINCIPAL USES IN ACCIDENT POTENTIAL ZONE 1
WHERE ALLOWED AS CONDITIONAL USES IN THE
UNDERLYING ZONING DISTRICT
12
WHEREAS,
the City Council desires to encourage the
13 development of uses and structures in Accident Potential Zone 1
14 (APZ-1) that are compatible with both flight operations arising
15 out of NAS Oceana and established residential neighborhoods; and
16 WHEREAS, the City Council intends to adopt other ordinances
17 and programs (collectively, the "Oceana Land Use Conformity
18 Program") to make funds and incentives available for the
19 purposes of encouraging the voluntary replacement or relocation
2 0 of nonconforming uses in APZ-1, as determined pursuant to the
21 Department of the Navy's OPNAV Instruction 11010.36B and Section
22 1804 of the City Zoning Ordinance, so as to facilitate efforts
23 of both the private and public sectors that will roll back
24 encroachment by nonconforming uses in APZ-1; and
25
WHEREAS, the City Council also desires to ensure that the
26 development and redevelopment of conforming uses in APZ-1 occurs
27 only where and when it can be accomplished in a manner that is
28 clearly not detrimental to established residential neighborhoods
29 within APZ-1 and in a manner consistent with sound planning and
30 land use principles to promote the orderly and compatible co-
31 existence of different uses in APZ-1 and the Clear Zone; and
32
WHEREAS, it is the opinion of the City Council that the
33 adoption of an ordinance creating certain zoning incentives to
34 encourage the development of conforming uses in appropriate
35 areas within APZ-1 is an effective means of accomplishing the
36 aforesaid objectives and an integral component of the Oceana
37 Land Use Conformity Program; and
38
WHEREAS, the public necessity, convenience, general welfare
39 and good zoning practice so require;
40
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
41 OF VIRGINIA BEACH, VIRGINIA:
42
That the above-entitled ordinance, a copy of which is
43 hereto attached, is hereby referred to the Planning Commission
44
for
its
consideration
and recommendation.
The
Planning
45 Commission is directed to consider, and make its recommendation
46 on, such ordinance by no later than March 27, 2006 and forthwith
47 to transmit to the City Council its recommendation thereon.
48 Adopted by the Council of the City of Virginia Beach,
49
Virginia, on the
day of
, 2006.
CA-9934
OID\ordres\APZ-1 incentives. res
R-2
March 6, 2006
2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ '3-1-~"
Planning epartment
(j)dM- )I)~
City Attorney's Office
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
18 OF THE CITY ZONING ORDINANCE (APPENDIX A)
BY AMENDING SECTIONS 1803 AND 1807 AND
ADDING NEW SECTIONS 1808, 1809 AND 1810
ALLOWING CERTAIN USES AS PRINCIPAL USES IN
ACCIDENT POTENTIAL ZONE 1 WHERE ALLOWED AS
CONDITIONAL USES IN THE UNDERLYING ZONING
DISTRICT
Sections Amended: City Zoning Ordinance
Sections 1803 and 1807
Sections Added: City Zoning Ordinance
Sections 1808, 1809 and 1810
16
WHEREAS,
the City Council desires
to encourage the
17 development of uses and structures in Accident Potential Zone 1
18 (APZ-1) that are compatible with both flight operations arising
19 out of NAS Oceana and established residential neighborhoods; and
20 WHEREAS, the City Council intends to adopt other ordinances
21 and programs (collectively, the "Oceana Land Use Conformity
22 Program") to make funds and incentives available for the
23 purposes of encouraging the voluntary replacement or relocation
24 of nonconforming uses in APZ-1, as determined pursuant to the
25 Department of the Navy's OPNAV Instruction 11010.36B and Section
26 1804 of the City Zoning Ordinance, so as to facilitate efforts
27 of both the private and public sectors that will roll back
28 encroachment by nonconforming uses in APZ-1; and
29
WHEREAS, the City Council also desires to ensure that the
30 development and redevelopment of conforming uses in APZ-1 occurs
31 only where and when it can be accomplished in a manner that is
32 clearly not detrimental to established residential neighborhoods
33 within APZ-1 and in a manner consistent with sound planning and
34 land use principles to promote the orderly and compatible co-
35 existence of different uses in APZ-1 and the Clear Zone; and
36
WHEREAS, it is the opinion of the City Council that the
37 adoption of an ordinance creating zoning incentives to encourage
38 the development of conforming uses in appropriate areas wi thin
39 APZ-1 is an effective means of accomplishing the aforesaid
40 objectives and an integral component of the Oceana Land Use
41 Conformity Program;
42
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
43 CITY OF VIRGINIA BEACH, VIRGINIA:
44
That Article 18 of the City Zoning Ordinance is hereby
45 amended and reordained by the amendment of Sections 1803 and
46
1807 and the addition of Sections 1808,
1809 and 1810,
47 pertaining to principal uses allowed in the portions of the 0-2
48 Office District, B-2 Community Business District and 1-1 Light
49 Industrial District within Accident Potential Zone 1 (APZ-1), to
50 read as follows:
51 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE
52 USE ZONES (AICUZ)
53
54 A. OVERLAY DISTRICT REGULATIONS.
55
56
57
2
58 Sec. 1803. Applicability.
59
(a)
Area of applicability.
Except as provided in Section
60 1805 and in Part B of this Article, the provisions of this
61 Article shall apply to discretionary development applications
62 for any property located within an Accident Potential Zone (APZ)
63 or Noise Zone 70-75 dB DNL or >75 dB DNL, as shown on the
64 official zoning map, that have not been approved or denied by
65 the City Council as of the date of adoption of this Article. For
66 purposes of this Article, discretionary development applications
67 shall include applications for:
68
69
70
71
72
73
74
75
76
77
78
79
80
Rezonings, including conditional zonings;
l.
2.
Conditional
use
permits
for
new
uses
or
structures, or for alterations or enlargements of
existing conditional uses where the occupancy
load would increase;
Conversions or enlargements of nonconforming uses
3.
or
structures,
except
where
the
application
contemplates the construction of a new building
or structure or expansion of an existing
use or
structure where the total occupancy load would
not increase; and
4 .
Street
closures
where
the
application
contemplates the construction of a new building
3
81
or structure or the expansion of a use or
82
structure where the total occupancy load is
83 increased.
84
85 COMMENT
86
8 7 The amendment is a technical amendment made necessary because Part B of this Article
88 (Sections 1808 - 1811) do not apply to discretionary development applications, but allow certain
8 9 uses by right under the conditions specified in Section 1811. The amendment makes no substantive
9 0 changes.
91
92
93
94
95 Sec. 1807. Reservation of powers; severability.
96
(a) Nothing in this Article shall be construed to require
97 the City Council to approve any application solely because it
98 meets the requirements of this Article , it being the intention
99 of this Article that the City Council shall be entitled to
100 exercise its authority in such applications to the fullest
101 extent allowed by law.
102
(b) The provisions of this 8cction Article shall be
103 severable , it being the intention of the City Council that In
104 the event one (1) or more of the provisions of this ocction
105 Article shall be adjudged to be invalid or unenforceable, the
106 remaining provisions of this 8cction Article shall be unaffected
107 by such adjudication.
108 COMMENT
109
11 0 The amendments to subsection (b) are technical corrections only and do not substantively
111 affect the provisions of this ordinance.
4
112
113 B. ACCIDENT POTENTIAL ZONE 1 (APZ-1).
114
115
116 Sec. 1808. Purpose and intent.
117 In addition to the purposes set forth in Section 1801, the
118 purpose of this Part shall be to encourage the development of
119 uses and structures in APZ-1 that are compatible with both
120 flight operations arising out of NAS Oceana and established
121
residential
neighborhoods
in
APZ-1
by
providing
certain
incenti ves for such development.
The provisions of this Part
122
123 allow certain uses to be located in appropriate zoning districts
124 wi thin APZ-1 without the need for a conditional use permit, so
125 long as the physical and other features of those uses, such as
126 building design and materials, parking lot and site landscaping,
127 landscape screening, site lighting and signage are of a quality
128 demonstrably higher than normal and the hours of operation are
129 strictly limited so as to not interfere with the quality of life
130 in nearby residential neighborhoods.
It is the intention of the City Council that a use be
131
132 allowed' without .a conditional use permit pursuant to these
133 provisions only: (i) in zoning districts within APZ-1 where the
134 use is appropriate; (ii) when the characteristics of the use are
135 clearly sufficient to prevent any adverse impacts to residential
136 or apartment uses or other property within APZ-1; and (iii) when
5
137 the design features and other characteristics of the proposed
138 use meet or exceed the standards set forth in Section 1811.
139 COMMENT
140 This section sets forth the purpose and intent of the provisions that follow. The overriding
14 1 intent of these provisions is to promote the development and redevelopment of uses and structures
142 in APZ-l that are compatible with both flight operations arising out of NAS Oceana and
143 established residential neighborhoods in APZ-l. The protection of such neighborhoods is given the
14 4 highest priority in the application of the provisions.
145
146 Sec. 1809. Development incentives and per.mitted uses in APZ-1.
147
148
(a) The following uses shall be allowed as principal uses
149 on property in Accident Potential Zone 1 (APZ-1) if all design
150 and other features enumerated in Section 1811 are provided:
151
(1) 0-2 Office District:
152
A.
Off-street
parking
in
conjunction
with
153
permitted uses in an adjoining business
154
district, where such parking: (i) is limited
155
to the zoning lot contiguous with the
156
business district use for which the parking
157
is provided; and (ii) does not extend more
158
than two hundred (200) feet into the 0-2
159
District.
160
(2) B-2 Community Business District:
6
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
(3 )
A.
Automobile repair garages and small engine
repair establishments where all repair work
is performed within a building;
B.
Automobile
dealing
F.
G.
H.
I.
J.
establishments
repair
C.
D.
E.
exclusively in minor repairs of the type
provided at automobile service stations;
Automobile service stations;
Boat sales;
Commercial
parking
and
storage
garages
garages which include car wash, car rental
or
detailing
wholly
services
when
car
enclosed within a parking structure and
accessory thereto;
Commercial indoor recreation facilities;
Fiber-optics transmission facilities;
Mini-warehouses;
Mobile home sales;
Motor vehicle sales on lots larger than
20,000 square feet;
K.
Public
utility
maintenance
storage
or
A.
installations.
I-] Industrial District:
Automobile service stations;
7
184
B.
Automobile repair garages;
185
C.
Fiber-optics transmission facilities;
186
D.
Firewood preparation facilities;
187
E.
Mobile home sales.
188
(b) Nothing in this section shall prohibit the City
189 Council from granting a conditional use permit for any of the
190 uses set forth herein upon proper application therefor.
191 COMMENT
192 The section sets forth the uses that are allowed as principal (by-right) uses if they meet the
193 criteria set forth in Section 1810. All of the uses are allowed as conditional uses in their respective
194 underlying zoning districts.
195
196
197 Sec. 1810 Design, etc., features; notice.
198
(a) Any of the uses enumerated in Section 1809 shall be
199 allowed as a principal use in the zoning districts designated
200 therein if, in addition to all other applicable requirements of
201 this ordinance, the Planning Director finds that the utilization
202 of the following features is clearly sufficient to prevent any
203 adverse impacts to residential or apartment uses or other
204 property within APZ-l:
205
(1) the use conforms to all general and specific
206
conditions applicable to such use under Part C of
207
Article 2 of this ordinance;
8
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
(2) enhanced
exceeding
site
and
parking
lot
landscaping
applicable
requirements,
both
qualitatively and quantitatively, is provided;
(3) exterior
lighting
is
of
low
intensity
and
residential in character and shielded in such
manner as to direct light and glare away from
residential areas;
(4) hours of operation are limited so as to avoid
disturbances to residential neighborhoods;
( 5 )
signage
is
either
nonilluminated
or,
where
from
freestanding,
is
externally
illuminated
ground level, no neon lighting visible from any
adjoining property is used,
and freestanding
signs are located as far from residential or
apartment districts as is practicable;
( 6)
storage
of
materials,
waste
containers,
or
merchandise, except for boats, motor vehicles,
motor homes or similar items for sale, is within
the interior of the building or is screened so as
to not be visible from streets or adjoining
properties;
(7) where
adjacent
to
residential
or
apartment
districts, enhanced landscape buffering exceeding
9
231
applicable requirements, both qualitatively and
232
quantitatively, is provided; and
233
(8) building design and exterior building materials
234
substantially conform to such of the "Design
235
Guidelines for Primary Residential Area" set
236
forth in Chapter 7 of the Comprehensive Plan as
237
are appropriate for the use.
238
(b) Upon receipt of an application pursuant to this Part,
239 the Planning Director shall cause notice thereof to be sent by
240 certified mail to the record owner of each lot adj acent to, or
241 directly across the street from, the property that is the
242 subject of the application, which notice shall invite comments
243 concerning the application. The Planning Director shall give
244 careful consideration to the comments received in determining
245 whether to approve or disapprove the application, and shall, no
246 less than fifteen (15) nor more than 30 days after the date of
247 mailing of the required notices, either approve or disapprove
248 the application on the basis of the criteria set forth in this
249
Part and the comments received.
Such decision shall be in
250 writing and mailed or delivered to the applicant and all persons
251 who provided comments.
252 COMMENT
2 53 The section sets forth the criteria that are required in order for a use to be allowed without
2 54 a conditional use permit. The criteria are intended to ensure that development permitted under the
10
255 provisions of Section 1809 is of high quality and that it will not have any adverse effects upon
256 residential or other property located in APZ-l.
257
258 The section also contains a requirement that all owners of property adjacent to, or directly
259 across the street from, the subject property be notified of an application and sets forth the
2 60 procedure by which the Planning Director approves or disapproves an application.
261
262 Adopted by the City Council of the City of Virginia Beach,
263
Virginia on the
day of
, 2006.
APPROVED AS TO CONTENT:
~ ~g-'b
Planning Department
APPROVED AS TO LEGA~L
SUFFICIENCY: AAf
()J/i;~ IlI/lru '
City Attorney's Office
CA-9930
OID\ordres\APZ-l incentives ordin.doc
R-7
March 6, 2006
11
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
~
ITEM: Resolution to Support the National Park SeNice's Captain John Smith
Chesapeake National Historic Water Trail Feasibility Study
MEETING DATE: March 14,2006
. Background:
On August 2, 2005, President Bush signed legislation (Public Law 109-54) to
authorize the National Park SeNice (NPS) to study the feasibility of establishing the
Captain John Smith Chesapeake National Historic Water Trail, as part of the Fiscal
Year 2006 I nterior, Environment and Related Agencies Appropriations Act.
The NPS has begun its study process to determine whether the trail meets the criteria
required by the National Trail System Act (NTSA) to become a National Historic Trail
(NHT). The NPS will determine if the trail is nationally and historically significant, and
whether it provides opportunities for public recreation. Given a positive recommendation
from the NPS, Congress must then amend the NTSA to include the John Smith Water
Trail, in order for it to officially become a NHT. The schedule for completing the study
calls for issuance of a final study report by November 2006. Provided the
recommendation is favorable, legislation for designation of the trail could be introduced
and enacted prior to the 400th anniversary commemoration in April 2007.
A national historic trail is an extended trail that follows routes of travel that are
historically and nationally significant. The trail must be significant with respect to any of
several broad facets of American history, such as trade and commerce, exploration,
migration and settlement, or military campaigns, and must have significant potential for
public recreational use or historical interest based on historical interpretation and
appreciation. The trail need not be continuous and might include land and water
segments, marked highways paralleling the route, and sites that together form a chain
or network along the route.
The purpose and significance of each trail is examined to determine the unique
characteristics of the trail. Purpose and significance statements help ensure that
management, resource protection, visitor use, and trail development are in accordance
with the NPS mission: to protect and preseNe resources and to provide for the
enjoyment of those resources by people.
. Considerations:
The resolution will indicate City support for the study to determine if the
designation of a National Historic Trail. Should the study determine that designation of
the Trail is warranted, and legislation to designate the Trail is adopted by Congress, the
Captain John Smith Chesapeake National Historic Water Trail would be a permanent
living history and recreational amenity for the entire region to commemorate the First
Landing and subsequent exploration and settlement of the birth of the Nation.
. Public Information:
The National Park Service schedule envisions public review of the draft study
report will take place in September 2006. To help facilitate this effort, it is envisioned
that the City will generate through press releases and links to the City's website
appropriate information concerning the study process and public review. It is also
envisioned that the City could work with our Congressional delegation to conduct public
hearings on the proposal as the study is concluded and should federal legislation to
designate the trail be considered.
. Alternatives:
Alternatives considered by staff included a No Action Alternative and a
Resolution to Not Support the Study for the Trail. Both of these alternatives were
deemed ineffective at achieving the optimum desired benefits to be derived from a
coordinated and cooperative approach with the National Park Service on the study
process, inasmuch as the potential designation could enhance local recreational and
tourism opportunities for residents and visitors alike.
. Recommendations:
Approval of the Resolution.
. Attachments:
Resolution
Captain John Smith Chesapeake National Historic Water Trail Fact Sheet
Recommended Action: Approval
Submitting Department/Agency: Planning ~
City Manage. " ~
1
2
3
4
5
6
A RESOLUTION TO SUPPORT THE NATIONAL
PARK SERVICE'S CAPTAIN JOHN SMITH
CHESAPEAKE NATIONAL HISTORIC WATER
TRAIL FEASIBILITY STUDY
WHEREAS, the City Council of Virginia Beach, Virginia
7 desires to commemorate the 400th ann~versary of the English
8 settlement of America and Captain John Smith's monumental
9 voyages of exploration in the Chesapeake BaYi and,
10
WHEREAS, the English settlers first came ashore in Virginia
11 Beach on the morning of April 26th, 1607 - making our city
12
central to the birth of our nation.
The settlers erected a
13
cross on Cape Henry that could be seen off shore.
Smi th would
14 later sail along the shores of Virginia Beach during his 1608
15 voyages through the Chesapeake Bay and map the area that is
16
today known as the City of Virginia Beach.
In addition, Smith's
17 map of the Chesapeake Bay shows a Maltese cross south of Cape
18
Henry ~n the Sandbridge area,
marking the limit of his
19 explorationi and,
20
WHEREAS, at the time of Captain Smith's arrival, the City
21 of Virginia Beach was home to a substantial population of
22 Virginia Indians whose knowledge and trade goods were essential
23 to the survival of the English settlement at Jamestowni and,
24
WHEREAS, on account of the leadership of Representative
25 Thelma Drake, Senator John Warner and Senator George Allen, the
26 U. S. Congress passed legislation authorizing the National Park
27 Service to study the feasibility of establishing the Captain
28 John Smith Chesapeake National Historic Water Trail as a unit of
29 the National Trail System; and,
30
WHEREAS, the National Park Service is currently conducting
31 the trail feasibility study; and,
32
WHEREAS,
the City of Virginia Beach's
historic
and
33 recreational resources generate significant economic revenue
34 from heritage tourism and the Captain John Smith Chesapeake
35 National Historic Water Trail would make an important new
36 addition to these resources; and,
37
WHEREAS,
the
Captain John
Smith
Chesapeake
National
38 Historic Water Trail would provide an excellent opportunity for
39 the public to learn about Virginia Indian history, early English
40 settlements, as well as the tributary rivers to the Chesapeake
41 Bay.
42
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
43 OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
44 That the City Council of the City of Virginia Beach pledges
45 its support for the National Park Service's Captain John Smith
46
Chesapeake National Historic Water Trail feasibility study.
The
47 City is eager to participate in support of the study process,
48 and urges the National Park Service to complete it on an
49 expedited basis; and
2
50
BE IT FURTHER RESOLVED:
51
That the City Council of the City of Virginia Beach
52 requests that the City Clerk transmit a copy of this resolution
53 to the Secretary of the Interior, the Director of the National
54
Park Service,
and Members of the Virginia Congressional
55 Delegation.
56 Adopted by the City Council of the Ci~y of Virginia Beach,
57 Virginia, this
day of
, 2006.
CA9937
H:\OID\LU\Ord&Res\Resolution
R-2
March 9, 2006
re CPT SMith.doc
APPROVED AT TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~ ;-1-t>'
Planning Department
jA~ IJ!lfJ!oJ
City Attorney
3
THE 400TH ANNIVERSARY OF CAPTAIN JOHN SMITH'S EXPLORATIONS
Captain John Smith Legislation
On August 2, 2005, President Bush signed legislation (Public Law 109-54)
to authorize the National Park SeNice (NPS) to study the feasibility of estab-
lishing the Captain John Smith Chesapeake National Historic Water Trail, as
part of the Fiscal Year 2006 Interior, Environment and Related Agencies
Appropriations Act.
_ The NPS has begun its study process to determine whether the trail meets
the criteria required by the National Trail System Act (NTSA) to become a
National Historic Trail (NHD. The NPS will determine if the trail is nationally
and historically significant, and whether it provides opportunities for public
recreation. Given a positive recommendation from the NPS, Congress must
then amend the NTSA to include the John Smith Water Trail, in order for it
to officially become a NHT.
The Study Process
.-:. ',' X \. ~ This historic route is being considered for designation as a national historic
trail and must meet certain legislative requirements to become an official trail in the National Trails System. Over
the next year, the project team will assess trail alternatives and submit a Determination of Significance Statement
to NPS. When trail route alternatives are developed, purpose and significance statements will be used to evaluate
each alternative.
'l
Under the Historic
Sites Act of 1935 and
Public law 106-135,
the National Park
SeNice Advisory
Board will determine
if the Captain John
Smith National
Historic Trail is
nationally significant.
If significance is
determined, feasibility
and management
options, including
federal management,
will be considered. If
the trail is determined
not to be nationally
significant, state and
local management
options will be con-
sidered.
What is a National Historic Trail?
A national historic trail is an extended trail that follows routes of travel that are historically and nationally signifi-
cant. The trail must be significant with respect to any of several broad facets of American history, such as trade
and commerce, exploration, migration and settlement, or military campaigns, and must have significant potential
for public recreational use or historical interest based on historical interpretation and appreciation. The trail need
not be continuous and might include land and water segments, marked highways paralleling the route, and sites
that together form a chain or network along the route.
The purpose and significance of each trail is examined to determine the unique characteristics of the trail.
Purpose and significance statements help ensure that management, resource protection, visitor use, and trail
development are in accordance with the NPS mission: to protect and preserve resources and to provide for the
enjoyment of those resources by people.
Purpose
The designation of this route as a national historic trail will:
. Help encourage preservation of the trail's history and physical environment.
. Allow visitors to envision John Smith's Chesapeake voyages
. Learn about the resources and environment of the Chesapeake Bay, then and now
. Highlight the history and historic contributions of the native American Indians of the Chesapeake region
· Help to spur efforts to protect and restore the region's historic and environmental assets.
Route of the Proposed Water Trail
John Smith conducted two major voyages around the Chesapeake Bay during the summer of 1608, both starting
from Jamestown and heading down the James River into the Bay. On the first voyage he traveled north along the
eastern shore, exploring the mouth of the Pocomoke River and traveling some distance up the Nanticoke River.
He continued north on the bay as far as present-day Baltimore and the Patapsco River, then headed south along
the western shore, exploring the Potomac (Patawomeck) and some of its tributaries to a point north of present-
day Washington, DC, before returning to Jamestown. On the second voyage, Smith went straight up the Bay to
the mouth of the Susquehanna and present-day Havre de Grace, exploring the Patuxent and Rappahannock
Rivers on his return trip southward. The proposed trail would be a circuit of the Bay, with river extensions, com-
bining the routes of these two historic
Project Area
See Maps Attached
John Smith Trail Study Schedule
. January 2006 - Draft Significance Report & solicit public input
. March 2006 - Complete resource assessment
. August 2006 - Draft study report
· September 2006 - Public review of study report
. November 2006 - Final study report
Contact Information
For more information about the John Smith Water Trail study, please contact:
William Sharp, Project Manager, william_sharp@nps.gov, 215.597.1655
Sherry Peck, Senior Planner, sherry_peck@nps.gov, 215.597.6478
..
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Authorizing the City Manager to Execute an Agreement
Between the City and the Urban Land Institute for a Pungo Village Land
Use Study
MEETING DATE: March 14,2006
. Background: In June 2004, City Council discussed informally the concept of
creating a "Village of Pungo" in the general area colloquially known as "Downtown
Pungo." An organization consisting of property owners in the area, known as the Pungo
Landowners' Association, supports engaging the Urban Land Institute ("ULI"), in
conjunction with the City, to perform a study of the area with the view of developing a
village-style land use plan for the study area. In June 2005, City Council adopted a
resolution expressing support for the study and directing the City Manager to negotiate
the terms of an agreement with the ULI for the performance of the study.
. Considerations: The study will:
. address the role of Pungo Village within the framework of the adopted 2003
Comprehensive Plan and the approved 2005 Hampton Roads Joint Land Use
Study;
. clarify planning, design and physical characteristics of the village;
. evaluate the economic viability of the project;
. identify a realistic development strategy regarding infrastructure and service
delivery systems.
The City will pay ULI, in installments, a total of $115,000 for the study.
. Public Information: Public information will be handled through the normal
Council agenda process.
. Attachments: Ordinance, Application and Agreement.
Recommended Action: Adoption
Submitting Department/Agency: Planning
City Manage~~ \L ~~
tY~
~
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE AN AGREEMENT BETWEENT THE CITY AND THE
3 URBAN LAND INSTITUTE FOR A PUNGO VILLAGE LAND
4 USE STUDY
5 WHEREAS, the area of the City traditionally known as Pungo has
6 considerable historical and aesthetic value and also serves as a
7 gateway to the rural southern portion of the City; and
8
WHEREAS, because of its uniqueness, history and ambience,
9 Pungo has the potential to become a showcase for village-style
10 development through the application of land use concepts that
11 encourage the preservation and enhancement of its historical,
12 cultural and aesthetic values; and
13 WHEREAS, the Pungo Landowners' Association has expressed the
14 collective desire of property owners in the area that the City
15 perform a study of land use and related topics in the Pungo area
16 with a view to creating a village-style land use plan for Pungo;
1 7 and
18 WHEREAS, the City has previously worked successfully with the
19 Urban Land Institute in performing the Shore Drive Corridor Study;
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
That the City Manager is hereby authorized to execute an
23 agreement between the City and the Urban Land Institute to perform
24 a Pungo Village Land Use Study in substantially the same form as
25 attached hereto and with such additional terms and conditions as
26 may be acceptable to the City Manager and the City Attorney.
27
28
Adopted by the City Council of the City of Virginia Beach,
29 Virginia, on this
day of
, 2006.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CA9932
H:\PA\GG\OrdRes\Proposed\Pungo Land Use Study ORD.doc
R-l
March 3, 2006
APPLlCATION FORM FOR ULI ADVISORY SERVICES PANEL ASSIGNMENTS
. Please provide the following information:
Date of Application December 12, 2005
Lead Applicant Organization* City of Virainia Beach
Contact Person
Title/Role
Add ress
Thomas Pauls. AICP
Comprehensive Plannina Coordinator
Virainia Beach Department of Plannina
2405 Courthouse Drive
Virainia Beach, Virainia 23456
757-427-8594
757-426-5667
tpauls@vbaov.com
Telephone Number
Fax Number
E-Mail:
* This is the organization with which ULI will enter an agreement.
1. STATEMENT OF THE PROBLEM
Last summer, the Virginia Beach City Council passed a resolution in response to
a request by the Pungo Landowners Association that expresses support for a
Pungo Village Land Use Study to be performed by the Urban Land Institute.
The Institute was chosen for this initiative because of the extensive success it
has had, both nationally and internationally, in preparing a host of practical and
innovative planning tools for local governments. This particular initiative poses a
number of challenges and opportunities. These issues include:
. reaffirming or redefining the role of Pungo Village within the framework of
the adopted 2003 Virginia Beach Comprehensive Plan and the approved
2005 Hampton Roads Joint Land Use Study (See attachments)
. clarifying planning, design and physical characteristics of the village,
. evaluating the economic viability of the project, and
. identifying a realistic development strategy regarding infrastructure and
service delivery systems.
Presently, Pungo consists of a relatively compact and varied arrangement of
rural commercial uses that have, in large part, remained unchanged for many
decades. These uses are located along the approaches to and centered at the
intersection of Princess Anne and Indian River Roads, both of which are two lane
rural arterial roads. (See attached aerial photo) Pungo is a commercial and
social gathering place for the southern rural community and is a destination for
visitors from Hampton Roads and around the state. The Pungo Strawberry
Festival draws crowds of thousands each Memorial Day.
North of Indian River Road is the urban/suburban service area where public
water and sewer exists or may be built to support low-density development.
Immediately south of this road is the agricultural and rural service area where
extension of such facilities is prohibited by the Comprehensive Plan.
1
An expansive floodplain associated with West Neck Creek is located about a
quarter mile to the west of Pungo.
2. QUESTIONS TO BE ADDRESSED BY THE ULI PANEL
There are four areas of interest regarding this proposed study.
First, the overall role of Pungo Village needs to be clearly defined. Should this
role shift to serve the specialty Shopping interests of those living in the suburban
north or should it reaffirm the traditional purpose as a social and commercial
center principally serving the agriculture and rural residential communities to the
south? Can it and should it try to do both?
Second, the village's planning and design consideration must be clearly defined.
What are the fundamental land use principles that should be applied to this area?
What is an appropriate village area? What should be considered with respect to
type, intensity and distribution pattern of land uses? What special design
elements should be employed with regard to sites, buildings, parking, open
space areas, trails, signs and streetscapes? From a design perspective, how
might we respect the historic heritage of Pungo area? How should aesthetic and
environmental considerations be addressed in this plan? How should we plan for
transportation improvements in an area that could be an origin and destination of
travel as well as a thoroughfare? In what way, if any, should Pungo Village relate
to West Neck Creek?
Third, the study should examine the market potential and whether a transformed
Pungo Village is economically viable. What is the investment potential of the
private sector? What is a realistic market base to ensure success? What public
sector incentives and investments, if any, might be required to serve as a catalyst
for private investment?
Fourth, the study must address significant local planning and strategic policy
implications with respect to development strategies and utility services in the
Pungo area. Over the past few decades, the City has reaffirmed a policy that
prohibits the introduction of public water and sewer facilities south of Indian River
Road. Since this road bisects Pungo, can we accommodate land use planning
goals for a cohesive 'village' consistent with adopted comprehensive planning
policies and without giving momentum to public utility extensions into the rural
area? Other public facility and service considerations must be addressed. What
are the best stormwater management systems for such areas? How can we
assure that city departments responsible for public safety can adequately deliver
their services in and around the village? What are the estimated costs of such
public facility and service requirements and what implementation strategies might
be considered?
2
3. MANAGEMENT PLAN
Key city representatives, project contact and other stakeholder
organizations/agencies include:
Key City Representatives:
James K. Spore, City Manager
William J. Whitney, Interim Chief Financial Officer and Dir. of Agriculture Dept
Robert J. Scott, Director of Planning
Proiect Contacts:
Thomas C. Pauls, Comprehensive Planning Coordinator
Melisa A. Chimienti, Community Design Planner
Tentative List of Oraanization and Aaencies to be Interviewed by UU:
Community Oraanizations:
Farm Bureau
Pungo - Back Bay Civic League
Other Civic Leagues
Chamber of Commerce
Visions - business group
Back Bay Restoration Foundation
Tidewater Builders Association
Hampton Roads Realtors Association
City Council/Commissions / Departments:
City Council
Planning Commission
Agricultural Advisory Commission
Agriculture Dept
City Attorney's Office
Emergency Medical Services Dept
Fire Dept
Management Services Dept - budget
Parks and Recreation Dept
Planning Dept
Police Dept
Public Utilities Dept -water / sewer
Public Works Dept
School Administration
Federal Departments / Aaencies:
U.S. Navy - Naval Air Station Oceana
Back Bay National Wildlife Refuge
3
4. SPONSOR INFORMATION
The sponsoring agency for this study is the City of Virginia Beach. The City's role in
this study focuses on providing relevant planning guidance and background
information to the ULI advisory panel thereby enabling them to formulate a Pungo
Village Land Use Study. It is our desire to complete the Pungo Village Land Use
Study application and contract review I approval process as soon as possible. We
envision welcoming the ULI advisory panel members to Virginia Beach and
conducting the study soon after completing our response to the BRAC directive.
When completed, the Pungo Village Land Use Study will serve as a planning policy
tool for guiding planning and development decisions that affect this area. It will also
be used to when considering related land use policies of a strategic nature.
4
ULI- The Urban land Institute
Advisory Services Agreement
This Agreement constitutes a binding contract between the City of Virginia Beach (Sponsor) and
ULI-the Urban Land Institute (Institute). As part of its purpose, the Institute maintains an Advisory
Services Department for the purpose of benefiting the general public through improved planning and
utilization of urban land. The Sponsor wishes to obtain advice and recommendations from the
Institute regarding a development strategy for the Pungo area of the city.
Pursuant to this Agreement, the Institute agrees:
1. To provide a panel of persons composed of members of the Institute and others who
collectively have a varied and broad experience and knowledge applicable to the particular
problems to be considered, including the planning, development and redevelopment of land
and the ownership, management and financing of real property.
2. To arrange for the panel members to visit the location upon which its recommendations
are sought for a period of not less than five days, starting on or about . 2006.
During that time the panel, directly and through its staff, will study the designated area;
consult with public and private officials, representatives of other relevant organizations. and
other individuals familiar with the problems involved; and prepare its report, conclusions
and recommendations which will be presented to the Sponsor and its invited guests in oral
form at the close of the on-site assignment.
3. To provide the Sponsor with a written report of the study, its conclusions and
recommendations. The Sponsor will be furnished 200 copies of the report, including such
exhibits as may be necessary to augment the text. Additional copies of the report, if
ordered before the termination of the panel assignment, will be provided at the cost of
printing, mailing and handling.
4. To absorb the travel and living expenses of its panel and staff while on site.
ULI Advisory Services Agreement
Page 2
The Sponsor agrees, at its expense:
1. To furnish each panel member, in not less than 15 days in advance of the panel meeting,
such pertinent background data in the form of reports, plans, charts, etc., as may be
presently available or readily developed for the preliminary study of the panel, prior to its
inspection on site. Two copies are to be sent to the Vice President of Advisory Services
at U LI.
2. To arrange, insofar as possible, to have appropriate persons, including public and private
officials, representatives of the relevant organizations, and others, available for the
purpose of consulting with and furnishing information to the panel on specific matters
relevant to the assignment as may be necessary and advisable during the period of the
panel's visit.
3. To provide transportation and guides to be used by the panel for any necessary
inspection of the study area and its environs and to assist the Institute staff in making
advance arrangements for hotel accommodations for the Institute panel and staff and
supporting the panels activities while they are on site.
4. In return for the advice and recommendations of the Institute, to pay the Institute the total
sum of $115,000. The first installation of $55,000 will be paid upon signing of this
agreement. The second installment of $55,000 will be paid one week prior to the panel's
arrival on site. The third and final payment of $5,000 will be paid when the Sponsor
receives the final report. In the event the Sponsor cancels the panel assignment, the
initial payment is non-refundable and expenses incurred by the Sponsor becomes the
responsibility of that party. The sponsor is responsible for submitting all payment.
Unless previous arrangements are made, ULI will not accept payment from third parties.
It is understood that the fee paid by the Sponsor to the Institute is to be used to cover the costs of
the panel assignment and to support and encourage the Institute's scientific and educational
programs.
The Sponsor may make such use of the report as they may deem desirable. It is further
understood that the Institute may make such use of the report prepared of the panel's findings
and recommendations as it may deem desirable, and the Sponsor herewith specifically agrees
that the Institute may publish and disseminate such report or any part thereof in conjunction with
its research and educational programs.
ULI shall not be responsible for damages of any kind arising from the performance of services
under this agreement, unless such damages arise from gross neglect on the part of ULI. ULI's
aggregate liability for damages of any nature shall be limited to the amount of the fee under this
agreement.
Sponsor
ULI-the Urban Land Institute
Nameffitle
Rachelle Levitt. Exec. Vice President, Policy and Practice
Mary Beth Corrigan. Vice President, Advisory Services
Signature
Date
Date
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Transferring $43,400 from Reserve for Contingencies to the Regional
Participation FY 2005-06 Operating Budget for the Purpose of Providing a
Contribution to the Hampton Roads Military and Federal Facilities Alliance
MEETING DATE: March 14,2006
. Background: The military, along with other components of the federal government,
are well represented in the Virginia Beach and Greater Hampton Roads economy and
community. The Hampton Roads Military and Federal Facilities Alliance, with membership
from representatives of various Hampton Roads' communities including the Mayor of
Virginia Beach, recognizes the strategic importance of the military and federal government's
role in Hampton Roads. At the Alliance's February 24th organizational meeting, the
members agreed to a $0.40 per capita contribution from participating jurisdictions to provide
funding for a consultant to develop a Strategic Plan in setting the Alliance's priorities.
. Considerations: For the remainder of FY 2005-06, the City's contribution totals
$43,400 and is available in Reserve for Contingencies. The FY 2006-07 amount of
$173,600 will be included in the City Manager's Proposed Resource Management Plan,
which will be presented to City Council on March 28,2006.
. Public Information: Public Information will be handled through the normal Council
Agenda process.
. Alternatives: The City could decide to not participate in the Alliance, which would
jeopardize regional efforts.
. Recommendations: Adoption of an ordinance transferring $43,400 within the FY 2005-
06 Operating Budget to provide funding to the Hampton Roads Military and Federal Facilities
Alliance.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Requested by Mayor Oberndorf
City Manager:~lL ~~
1
2
3
4
5
6
7
8
AN ORDINANCE TRANSFERRING $43,400 FROM
RESERVE FOR CONTINGENCIES TO THE
REGIONAL PARTICIPATION FY 2005-06
OPERATING BUDGET FOR THE PURPOSE OF
PROVIDING A CONTRIBUTION TO THE HAMPTON
ROADS MILITARY AND FEDERAL FACILITIES
ALLIANCE
9
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
1)
That the City Council supports the role of the Hampton
12 Roads Military and Federal Facilities Alliance.
13
2)
That $43,400 is hereby transferred from Reserve for
14 Contingencies to the Regional Participation FY 2005-06 Operating
15 Budget for the purpose of providing a contribution to the
16 Hampton Road Military and Federal Facilities Alliance.
17
Adopted by the Council of the City of Virginia Beach,
18 Virginia on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
])~ 13~ 4 Le-A
Management Services
Jamv.u r .
City Attorney' Off~ce
CA9940
H:\PA\GG\OrdRes\HR Alliance ORD
R-1
March 9, 2006
PAUL D. FRAIM, JOE S. FRANK. CO-CHAIRMEN . E. DANA DICKENS III. TREASURER . ARTHUR L COWNS. SECRETARY
f - - ___ ____.
March 3, 2006
. . . .
!; )j,~:~~ D._
!. ~ J: ----
Memorandum #2006-40
; I;'
! _L" .....:
,
;
Hampton Roads Military and Federal Facilities Allia?ce ,
I "
L__
Arthur L. Collins, Secretary
JJ~ ""'
J'.ti/~/l
- b" Lnni' ~
Vv()
TO:
BY:
. '. (.: C \~-. L:':-f: ~
RE: Funding for the Military and Federal Facilities Alliance
The contract with Akin Gump/Hyjek and Fix has been signed and work by the consultant
on the development of a Strategic Plan that will assist in setting the Alliance's priorities
is about to begin. As agreed to at the organizational meeting on February 24th, funding
will be through local contributions at $0.40 per capita from participating jurisdictions.
Attached is the funding amount due from each participating jurisdictions for the
remainder of FY 2006, and for your individual budgeting purposes, the amount for FY
2007.
All checks should be made payable to the Hampton Roads Military and Federal
Facilities Alliance and sent to the attention of the Alliance Treasurer, Dana Dickens, at
the Hampton Roads Partnership, 430 World Trade Center. Norfolk, VA 23510.
If you have any questions, please feel free to give me a call.
ALC/kp
Attachment
Copy: Hampton Roads Chief Administrative Officers
Hampton Roads Military and Federal Facilities Alliance
Dalton S. Edge, City of Chesapeake
James P. Councill, III, City of Franklin
Ross A. Kearney II, City of Hampton
Thomas J. Wright, III, Isle of Wight
Bruce C. Goodson, James City County
Joe S. Frank, City of Newport News
Paul D. Fraim, City of Norfolk
Gordon C. Helsel, City of Poquoson
James W. Holley III, City of Portsmouth
Bobby L. Ralph, City of Suffolk
Meyera E. Oberndorf, City of Virginia Beach
Jeanne Zeidler, City of Williamsburg
Walter C. Zaremba, York County
E. Dana Dickens III, Hampton Roads Partnership
c/o Hampton Roads Planning District Commission
723 Woodlake Drive . Chesapeake. Virginia 23320 . (757) 420-8300 . Fax (757) 523-4881
Page 2
March 3, 2006
Local Funding for
Military & Federal Facilities Alliance
Jurisdiction Population FY '071 Remainder FY '062
Isle of Wight 31,600 $ 12,640 $ 3,160
James City 55,200 $ 22,080 $ 5,520
York 62,000 $ 24,800 $ 6,200
Chesapeake 210,600 $ 84,240 $ 21,060
Franklin 8,300 $ 3,320 $ 830
Hampton 144,400 $ 57,760 $ 14,440
Newport News 182,000 $ 72,800 $ 18,200
Norfolk 235,200 $ 94,080 $ 23,520
Poquoson 11 ,700 $ 4,680 $ 1,170
Portsmouth 98,200 $ 39,280 $ 9,820
Suffolk 76,100 $ 30,440 $ 7,610
Virginia Beach 434,000 $ 173,600 $ 43,400
Williamsburg 13,400 $ 5,360 $ 1,340
TOTAL 1,562,700 $ 625,080 $ 156,270
1 @ $0.40 per capita
2 March 2006 - June 2006 (FY '07 divided by remaining 4 months in FY '06)
K. PLANNING - NO ACTION
1. Application of BELLAMY ASSOCIATES, L.c. for a Change of Zoning District
Classification from R -7.5 Residential District to Conditional A -18 Apartment District for
multi-family dwellings at 4416 Princess Anne Road. The Comprehensive Plan designates
this site as being within the Primary Residential Area. (DISTRICT 2 - KEMPSVILLE)
......This item was incorrectly advertised for February 28 and March 14th;
therefore, it must be shown on this Agenda; however, on February 28th,
City Council DEFERRED CONSIDERATION INDEFINITELY;
therefore NO ACTION IS NECESSARY this date.
2. Ordinance to AMEND Section 502 of the City Zoning Ordinances (CZO) re front yard
setbacks for lots fronting on the east side of Sandfiddler Road.
This item was incorrectly advertised and cannot be heard as advertised.
L. PLANNING
1. Variance re lot size to ~4.4(b) ofthe Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for BENJAMIN J.
WILLIS, III at 404 54th Street to create two (2) single-family lots.
(DISTRICT 5 -LYNNHAVEN)
RECOMMENDATION:
APPROVAL
2. Variance re lot width to S4.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for JESSUP
CONSTRUCTION, L.L.C. at 956 Hurds Road to create two (2) single-family lots.
(DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION:
APPROVAL
3. Application of RICHARD and LOVIE FORTUNE to place a mobile home for a relative to
reside on their property at 3892 Charity Neck Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
WITHDRAW AL
4. Application of SUNSATIONS REALTY, L.L.C. for a Change of Zoning District
Classification from B-2 Community Business District to Conditional 1-1 Light Industrial
District for an office/warehouse at Village Road and Virginia Beach Boulevard. The
Comprehensive Plan designates this site as being within the Primary Residential Area.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
5. Application ofM.B.B., INC. for a Conditional Use Permit for mini-warehouses at Diamond
Springs Road and Haden Road. The proposal is consistent with the Comprehensive Plan's
recommendations. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
6. Ordinance to AMEND ggl11, 201 and 502 of the City Zoning Ordinance (CZO) re rear
yard setbacks for swimming pools and accessory structures on through lots.
RECOMMENDATION:
APPROVAL
NOTICE OF PUBLIC HEARING
lirginia Beach City Council will meet in the Chamber at
:ity Hall, Municipal Center, 2401 Courthouse Drive,
ruesday, March 14, 2006, at 6:00 p.m. The follow-
ng applications will be heard:
DISTRICT 7 . PRINCESS ANNE
Richard &,' Lovie Fortune Application: Place a double
wide mobile home for a relative to reside in at 3892
Charity Neck Road (GPIN 241F687750000).
DISTRICT 6" BEACH
Sunsations Realty, LLC. Application: Chan([e of Zon-
Int;! District Classificationfrtim B-2 Commuflity Bus~
ness to Conditional ~1 Ught Indi)strial at Village Road
and Virginia Beach Boulevard (GPINs 2407561434 - por-
tion of; 24074696030000). The Comprehensive Plan
designates this site as being within the Primary Residen-
tial Area. The purpose of this rezoning is to develop an
office/warehouse on the site.
DISTRICT 5. LYNNHAVEN
Appeal to Decisions of Administrative Officers In regard
i to certain elements of the SubdMsion Ordinance, Subdi--
'vision' for Jessup Construction, LLC, at 956 Hurds
Road (GPIN 14982109860000).
Appeal to Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subd~
vision for Benjamin J. Willis, III, at 404 54th Street
,(GPIN 24187915620000).
DISTRICT 4. BAYSIDE
M.B.B.. Inc. Application: Conditil1nal Use Permit for
min~warehouses on property located on the northeast
comer of Diamond Springs Road and Haden Road (GPIN
14691655890000).
lelTY OF VIRGINIA BEACH
'0rdinance to amend Section 501 of the City Zoning
: Ordinance pertaining to front yard setbacRs for lots front-
ing on the east side of Sandfiddler Road. .
,Ordinance to amend Sections 111, 201 and 502 of the
City Zoning Ordinance pertaining to rear yard setback
requirements for swimming pools and accessory stru<;-
tures on through lots.
DISTRICT 2 . KEMPSVILLt
Bellamy Associates, LC. Application: Chanl!e ofZon-
in([ District Classification from 'R-7.5 Residential to,
Conditional A-18 Apartment at ,4416 Princess Anne ' Road ,
(GPIN 14766093400000). The Comprehensive Plan
designates this site as being within the Primary Residen-
tial Area. The, purpose of this rezoning is to develop
multi-family dwellings.
All i~terested citizens are invited to attend.
If~~ /4-
Ruth Hodges Smith, MMC
City Clerk
Copies Of the prowsed ordinances, resolutions '.and
amendments are on file and may be examined in the
Department of Planning. For information caIl'427-4621.
If you are physically disabled or visually impaired and
ne,ed assistance at this meeting, please call the CITY
CLERK'S OFRCE at 427-4303.
Copies of the proposed ordinances, resolutions and
amendments are on file and may be examined in the
Department of Planning or online at
httD:/lwww.vbl!ov.com/deDt/Diannim!:/boards/DC L
For information call' 385,4621.
If you are physically disabled or visually impaired and
need' assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303.
Hearing impaired, call: TDD only at 385-4305. (TOO'
Telephonic Device for the Deaf).
Beacon Feb. 26 & Mar. 5, 2006
14692162
- 49-
Item V-J(. 7.
PLANNING
ITEM # 54970
The following registered in OPPOSITION:
James Myers, 1105 Larkwood, Phone:467-8588, concerned relative density and traffic
Debbie Westbrook, 1232 Heathcliff Drive, Phone: 495-7479, resident of Bellamy Woods,
requested INDEFINITE DEFERRAL to study and redesign the proposed entrance of the
application
Josephine Krantz, 4833 Berrywood Road, Phone: 495-3577, Vice President - Bellamy Woods Civic
League, requested INDEFINITE DEFERRAL
Upon motion by Councilman Diezel , seconded by Councilman Schmidt, City Council DEFERRED
INDEFINITELY Ordinance upon application of BELLAMY WOODS, LC. for a Conditional Change
of Zoning:
ORDINANCE UPON APPLICATION OF BELLAMY ASSOCIATES, L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-
7.5 RESIDENTIAL DISTRICT TO CONDITIONAL A-18
Ordinance upon Application of Bellamy Associates, L. C. for a Change of
Zoninf! District Classification from R-7.5 Residential District to
Conditional A-18 Apartment District on property located at 4416
Princess Anne Road (GPIN 14766093400000). The Comprehensive
Plan designates this site as being within the Primary Residential Area.
The purpose of this rezoning is to develop multi-family dwellings.
DISTRICT 2 - KEMPSVILLE
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 28,2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Bellamy Associates, L.C. - Change of Zoning District Classification at 4416
Princess Anne Road (DISTRICT 2 - KEMPSVILLE)
MEETING DATE: March 14,2006
. Background:
An Ordinance upon Application of Bellamy Associates, L.C. for a Chanqe of
Zoninq District Classification from R-7.5 Residential District to Conditional A-18
Apartment District on property located at 4416 Princess Anne Road (GPIN
14766093400000). The Comprehensive Plan designates this site as being within
the Primary Residential Area. The purpose of this rezoning is to develop multi-
family dwellings. DISTRICT 2 - KEMPSVILLE
City Council indefinitely deferred this item on February 28.
. Considerations:
On February 28, City Council indefinitely deferred this item. The applicant,
however, had requested a deferral to March 14, and the item was advertised for
March 14 in anticipation of it being deferred to that date instead of indefinitely.
. Recommendations:
No action necessary. The application will remain indefinitely deferred.
. Attachments:
Recommended Action: No action necessary.
Submitting Department/Agency: Planning Department
City Manager: ~ \L. ""06l11"'L.
~-
-
1
VIRGINIA BEACH CITY COUNCIL
February 28, 2006
7:15 p.m.
FORMAL SESSION
BELLAMY ASSOCIATES, L.C.
APPLICATION
VERBATIM
CITY COUNCIL
Meyera E. Oberndorf, Mayor
Louis R. Jones, Vice-Mayor
Harry E. Diezel
Robert M. Dyer
Reba S. McClanan
Richard A. Maddox
Jim Reeve
Peter W. Schmidt
Ronald A. Villanueva
Rosemary Wilson
James L. Wood
At-Large
Bayside - District 4
Kempsville - District 2
Centerville - District 1
Rose Hall - District 3
Beach - District 6
Princess Anne - District 7
At-Large
At-Large
At-Large
Lynnhaven - District 5
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
DEPUTY CITY CLERK
SARAH DEAL JENKINS
2
CITY CLERK: The next item is the Bellamy
Associates for a Change of Zoning
from R-7.5 to Conditional A-18, Princess Anne Road re
multi-family dwellings in the Kempsville District.
James Myers? Are you representing a group or yourself?
JAMES MYERS: I'm representing myself at the behest
of the Bellamy Woods Homeowners'
Association.
CITY CLERK:
Are you speaking for them?
JAMES MYERS:
I'm speaking for myself.
CITY CLERK:
You have three minutes.
MAYOR OBERNDORF:
Mrs. Smith, we normally allow the
applicant to state their case.
CITY CLERK:
The only ones I have registered, Your
Honor, are opposition.
COUNCILMAN DIEZEL: The applicant, Madam Mayor, has
requested a deferral, as a matter of
fact, an indefinite deferral, which I'm going to make a motion
that we do that. The policy is to hear the people who show up
and sign their names.
CITY CLERK: I'm not sure of the lady I spoke to,
but I spoke to her yesterday and
earlier last week, and she said that the opposition does want
to speak, even though they support the deferral.
MAYOR OBERNDORF: I didn't understand what the Clerk
was talking about earlier in the
evening. Now, I'm beginning to get the picture. Please, feel
free to give your opposition or whatever you wish to state.
And may we have your name?
JAMES MYERS: I'm J. B. Myers. I live at 1105
Larkwood Court, which is right next
to the sharp bend in Providence Road, which I understand is
scheduled for straightening and widening in 2020.
the neighbors came
MCCoy was still on
out of that curve.
We practiced writing it, honest to
goodness, twenty-five years ago, and
out to a number of meetings. I think Henry
the Council and fought the straightening
That's why it's taken so long.
MAYOR OBERNDORF:
3
JAMES MYERS: I think that the current residents
will probably oppose it, too. Things
have changed a lot since twenty-five years ago. Thirty years
ago, you stood in my living room in College Park and promised
us that we'd never have high-density housing, but we've still
got high-density housing, and the roads are choked worse than
ever. Mr. Bonney and Mr. Ferrell are gone, but the housing
that was built back then is still there.
Now, it seems that every scrap of land in Virginia Beach
that's not being used is being built on. Right at the corner
of Princess Anne and Providence and South Plaza Trail, right
now there's about 800 units being built in the Lexington
Complex, which covers quite a large area. Each one of these
apartments, houses, throws more cars onto South Plaza Trail
and Providence Road. Right around that corner, the developer
wants to put 2 1/2 times as many townhouse condominiums in
there as the area is currently scheduled for single-family
homes. So, that's going to increase the problem even more
than it exists.
There doesn't seem to be any plan for improving traffic in
Virginia Beach, that I can see. I've had to move my departure
for work from 6:45 to 6:30, and I'm thinking about moving it
to 6:15 because it's getting harder and harder to get just to
the commuter parking lot at the corner of Indian River Road
and Reon Road. Lately, it's been taking two cycles of the
traffic light just to get in and out of that parking lot.
I've got a three-man carpool, which makes it easier for
driving, but I'm really thinking seriously about abandoning
Virginia Beach altogether and going someplace that's easier.
I don't like having so many more houses and cars put in
without any improvements in the roads.
Thank you.
MAYOR OBERNDORF:
Thank you, Mr. Myers.
CITY CLERK:
Josephine Krantz.
MAYOR OBERNDORF:
Good evening.
is Jo Krantz, and I am
development bounded by
Good evening. Madam Mayor, and
Members of the City Council, my name
a resident of Bellamy Woods, a
Princess Anne and Providence Roads.
JOSEPHINE KRANTZ:
The Princess Anne entrance to Bellamy Woods is directly across
from the proposed entrance to Villas of Bellamy, which is
being squeezed between a church and a gas station. The reason
4
we're here tonight was to request an indefinite deferral of
this proposal. The original deferral was supposed to be until
March 14. We want the indefinite deferral so that the
proposed entrance can be studied and redesigned.
The current proposal envisions an entrance that is dangerous,
an impedement to traffic on Princess Anne Road. Even members
of the Planning Commission, when they approved this
application rezoning request on January 11, recognized the
safety issues this design presents. This deferral should
allow time for the developer, the City, and maybe even the
Navy, to work together to find an alternative to the entrance
design.
As proposed, the entrance to this project will be a nightmare.
All vehicles coming, I guess, it's east, coming down Princess
Anne, will have to execute a U-Turn either at the gas station
or at Midway Manor, which is the Navy Housing complex. In
fact, the large vehicles, such as construction equipment,
school buses, fire trucks, would almost certainly have to use
the Midway Manor entrance and not the U-Turn in front of the
gas station. Drivers making U-Turns will impede traffic on
Princess. Anne in both directions. It's hard enough for us to
exit Bellamy Woods into Princess Anne now.
with the additional traffic flow from all the new development
in this area, combined with backups from people trying to make
U-Turns, we'll be lucky to get out at all. And if we can't
exit onto Princess Anne, then we have to exit onto Providence
Road, which is already a log jam. We now have the Princess
Anne Square Townhomes, the Bon Secours Healthcare Complex, the
Lexington Development Apartments and Condominiums, and the
reconstruction of the Witchduck-Kempsville Road intersection
will make it worse as drivers seek to avoid that area by using
Providence to get to Princess Anne.
Then you add in the possibility that Kemps Landing Magnate
School may merge with Kempsville Middle School, trippling the
number of school buses that will exit onto Providence at rush
hour, and you have a nightmare. We're facing a traffic crisis
on Providence between Kempsville Road and Princess Anne. If
we can't get out on Providence Road and we can't get out on
Princess Anne, it's going to be virtually impossible for
Bellamy Woods residents to get out at all.
And then there's one additional traffic and safety issue that
must be discussed, and that's that the Villas at Bellamy
proposal is for 120 townhomes with two parking spaces each
with only eight extra parking spaces. Where are the other
guests going to try to park? They're going to try to park in
5
Bellamy Woods and then cross as pedestrians across four lanes
of traffic without a traffic light. That's a tragedy waiting
to happen. So, the combined impact of all the new development
and road reconstruction hasn't been the subject of a proper
traffic impact study yet. Our safety is being compromised,
and this was recognized by the Planning Commission. It's not
just a traffic issue. It's a safety issue.
And we hope that the City Council will agree and defer
approval until the matter can be studied and alternatives can
be explored, because safety has to be paramount to
development.
Thank you.
MAYOR OBERNDORF:
Thank you.
CITY CLERK:
Deborah Twitter? Debbie Westbrook?
MAYOR OBERNDORF:
Good evening.
resident at Bellamy
of the Bellamy Woods
the group, the Civic
association. We are
Madam Mayor, and City Council
Members, I'm Debbie Westbrook, a
Woods. And I am currently Vice-President
Civic League, and I'm here to represent
League. We're not a homeowners'
a civic League, as mentioned earlier.
DEBBIE WESTBROOK:
Our President, Marcia Curtis, could not be here this evening
because she had an emergency, had to be called out of town, so
I was asked to speak on her behalf this evening. I'm here
tonight to support the deferral and to agree to an indefinite
deferral regarding the 4416 Princess Anne Road, which is
proposed as the Bellamy Associates Group. We requested that
the Civic League have a speaker from Dragas, so we approached
Dragas when we heard about the development, and we had them
come out and discuss all the details with the citizens.
We then discussed it at length, and we have currently 450
homes and we passed unanimously a vote to oppose the
development. We opposed it for two reasons. One, we have a
serious traffic issue regarding this. We have difficulty
turning left, it's almost impossible, and right is getting
difficult, as well. The other reason is we feel like it's
poor planning of use of land. We feel like the current zoning
is single-family homes, and after talking to a coup~e of
gentlemen through Traffic and Engineering we found that the
best use of the land is to keep it currently zoned as
single-family homes. That would be the lesser use of traffic
in and out that's related to considering retail business,
6
office space, condos, townhomes, dense population.
We really have a serious problem. We have approximately 1,600
attached housing within a half mile of this site with every
given direction, and that's with the count of 722 units of
Lexington, which is currently being built now. So, we have
Bon Secours going in, so we have additional traffic there, and
we want a quality of life and we're fighting for that now.
So, we plea with you this evening to allow the zoning to stay
single-family and minimize the traffic adding onto Princess
Anne or furthermore to Independence.
As you well know, and if you're not familiar with it, in order
to get to south Virginia Beach area, you must travel
Independence Road or Princess Anne Road. There's really two
ways to get south, and you've had a lot of new construction
down in the southern corridor and we are anticipating, I'm
sure, more new construction. So, our citizens, until further
studies are starting of Southeast Expressway, really the use
is Independence or Princess Anne, and we really are backed up
from Baxter off of the Interstate, and then they turn onto
Princess Anne Road. So, it's a real serious concern.
So, we, again, are requesting for it to be kept single-family
housing, and also I'm requesting that the Planning Staff send
us in writing a two-week notice if and when the project will
be brought forth again in front of City Council.
Any questions? Thank you.
MAYOR OBERNDORF: Thank you, Mrs. Westbrook.
COUNCIL LADY WILSON:
Can I ask Mr. White a question?
MAYOR OBERNDORF:
Yes, Mrs. Wilson?
COUNCIL LADY WILSON: Mr. white, Stephen, how much advanced
notice will you be able to give the
people that are here speaking tonight?
STEPHEN WHITE:
It would be about two weeks. We're
required to give fifteen days notice.
COUNCIL LADY WILSON:
Thank you.
MAYOR OBERNDORF:
So, you could comply with
Mrs. Westbrook's request.
Mr. Jones?
7
my agenda package
recommendation of
Mr. White, for some reason a lot of
material must have been left out of
on this particular item. What was the
the Planning Commission?
VICE-MAYOR JONES:
STEPHEN WHITE:
Recommendation was for approval.
VICE-MAYOR JONES:
What was the recommendation of staff?
STEPHEN WHITE:
Approval.
VICE-MAYOR JONES:
Thank you.
MAYOR OBERNDORF:
Mrs. Westbrook, did you want to be
recognized, again?
DEBBIE WESTBROOK: When we inquired about the Zoning
meeting, unfortunately we were not
present to oppose the Zoning and Planning meeting. It was
rescheduled and we were not notified of when that was going to
take place.
But I, in talking to and reviewing all of the notes regarding
this project, the Traffic and Engineering Department, and I
can quote names, if you'd like for me to, two gentlemen said
they had serious concerns about the traffic safety of this
project, and they recommended highly to reduce the units to
90. It's in the notes there, and I can give the names if
you'd like to talk to the engineers. I have talked to them at
length about that. The other recommendation, other than
reducing to 90, was to create a right turn lane off of
Princess Anne Road, and unfortunately the land, the way that
it pie shapes, would not allow for that right turn lane to
take place.
So, it's either reduce the units to 90, which we understand in
talking to the Bellamy Associates that they would not consider
90 units, that's the reason why in our in-depth study of this
project we are recommending to keep it single-family housing
so they can meet the traffic guidelines at the lowest impact,
but, yes, best use of the land.
MAYOR OBERNDORF:
Yes, ma'am, Mrs. Krantz?
JOSEPHINE FRANTZ: I just wanted to point out that
although the Planning Commission
approved it, four of the Planning Commissioners, if you go
look at the transcript of the January 11 meeting you'll find
it, specifically, I don't know if you call it conditioned, but
they encouraged the developer to work with the City and
8
Traffic Engineers to redesign and see if there were
alternatives to the proposed entrance to this development, and
that's a real concern.
MAYOR OBERNDORF:
Mr. Diezel?
COUNCILMAN DIEZEL: Thank you, Madam Mayor. I'll make a
recommendation that we defer it
indefinitely, because the developer has indicated a
willingness to take a look at all of these concerns and go
back and work with the civic Leagues.
I suspect with my contact with the Planning Department that
they applied two principles to this that this Council does
endorse, the first one being the highest and best use of
available land in terms of density and impacts and whatnot,
and the second the price point on recommended units in there
met with that Workforce Housing program that we're all
familiar with as first or starter homes.
I think what Mrs. Krantz has emphasized, there's a safety
component that I, too, had some problems with, and the
developer has indicated they're more than happy to go back to
engineering. Mrs. Westbrook, I've had the pleasure of working
with over the years on a number of issues. In this particular
case, Debbie, Public Works doesn't qualify land use other than
with personal opinions. You need to go to somebody like
Mr. Scott or to the Council to do that, and they may echo
their concerns. When I have a toothache I don't go to a
plumber to get it fixed, for whatever that's worth.
With that said, I'll make a motion to defer it indefinitely.
COUNCILMAN SCHMIDT:
Second.
MAYOR OBERNDORF:
Are we ready for the question?
CITY CLERK:
By a vote of 10 to 0, you have
deferred indefinitely the application
of Bellamy Associates.
(Whereupon, the discussion on this matter was
concluded.)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - An Ordinance to amend Section 502 of the City
Zoning Ordinance pertaining to front yard setbacks for lots fronting on the east
side of Sandfiddler Road.
MEETING DATE: March 14,2006
. Background:
These amendments were suggested by the Board of Zoning Appeals to reduce
the necessity of property owners of oceanfront lots on Sandfiddler Road
requesting variances to the required 50 foot setback.
. Considerations:
An error was made in the legal advertisement for this item. The Section number
was advertised as 501 rather than 502. Due to the error, this matter cannot be
heard on March 14. It will be advertised for the April 11 City Council meeting, as
that will be the earliest City Council meeting that satisfies legal notice
requirement for Planning items.
. Recommendations:
No action.
Recommended Action: No action.
Submitting Department/Agency: Planning Departmen~
City Manager: ~k- .~~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Benjamin J. Willis, III - Subdivision Variance at 404 54th Street (DISTRICT 5
- L YNNHA VEN)
MEETING DATE: March 14, 2006
. Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Benjamin J. Willis, III. Property is located
at 404 54th Street (DISTRICT 5 - L YNNHAVEN)
. Considerations:
It is the intent of the applicant to subdivide an existing 13,500 square foot lot into
two lots, each 50-feet in width and 6,750 square feet in area. Proposed Lot N-1
will be a corner lot. The Subdivision Ordinance, Section 4.4 (c)(1) requires new
corner lots to be plated 10 feet wider than the minimum required by the Zoning
Ordinance for interior lots in the district. A subdivision variance, therefore, is
required in this situation, because Lot N-1 is proposed with a lot width of 50 feet,
rather than 60 feet as required.
Proposed Lot N-1 is unique since it is adjacent to Hannah Lane, which is
unimproved at this location and is likely to remain so. The 50 foot wide corner lot
will not appear to be substandard because of the open space provided by the
unimproved right-of-way. In addition, both of the proposed lots will contain 6,750
square feet each and significantly exceed the minimum single-family lot
requirement of 5,000 square feet for the R-5R District. The applicant has
submitted an architectural elevation of the homes to be constructed on the
proposed lots. The elevations show that the dwellings will be attractive with good
architectural detail and a side-loaded garage. Further, subdividing this lot and
constructing two single-family homes, as proposed, will be more positive for the
character of the neighborhood than building a duplex on the lot as it currently
exists.
The Planning Commission placed this item on the consent agenda because they
felt that the proposal is consistent with the surrounding area.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
Benjamin J. Willis, III
Page 2 of 2
1. Each lot (Lots N-1 and N-2) shall be development only for single-family
dwellings.
2. The homes to be constructed shall substantially adhere to the submitted
architectural elevations.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~_
City Manager:~ \L. O&fihL
REQUEST:
BENJAMIN J.
WilliS, III
Agenda Item # 11
February 8, 2006 Public Hearing
Staff Planner: Karen Lasley
Subdivision Variance to Section 4.4(b) of
the Subdivision Ordinance that requires
all newly created lots to meet all
requirements of the City Zoning Ordinance.
ADDRESS I DESCRIPTION: Property located at 404 54th Street
GPIN:
24187915620000
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
13,500 square feet
Existing Lot: The existing lot contains 13,500 square feet and
has a lot width of 100-feet.
SUMMARY OF REQUEST
Proposed Lots: It is the intent of the applicant to subdivide an existing lot into two lots, each 50-feet in
width and 6,750 square feet in area. Proposed Lot N-1 will be a corner lot. The Subdivision Ordinance,
Section 4.4 (c)(1) requires new corner lots to be plated 10 feet wider than the minimum required by the
Zoning Ordinance for interior lots in the district. A subdivision variance is required because Lot N-1 is
proposed with a lot width of 50 feet, rather than 60 feet as required.
Item Reauired Lot N-1 Lot N-2
Lot Width in feet for corner lots 60 50* 50
Lot Area in square feet 5,000 6,750 6,750
*Variance required
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BENJAM'N"J.WILLI~' III
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LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling occupies the site.
.
54th Street
Across 54th Street is a duplex, currently under construction I R-
5R Resort Residential
Single-family dwelling I R-5R Resort Residential
Hannah Lane
Across Hannah Lane are Single-family and Semi-detached
dwellings I R-5R Resort Residential
Single-family dwelling I R-5R Resort Residential
SURROUNDING LAND
USE AND ZONING:
North:
.
South:
East:
.
.
.
West:
.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is treed and landscaped with mature plants. The site is located
within the Resource Management Area of the Chesapeake Bay
Preservation Ordinance.
There are no cultural features associated with the site.
AICUZ:
The site is in an AICUZ of less than 65-70 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): 54th
Street in front of this location is a two-lane undivided local street. Hannah Lane is unimproved. No
Capital Improvement Projects are slated for this area.
WATER: This site must connect to City water. There Is a four-inch city water line in 54th Street.
SEWER: This site must connect to City sanitary sewer. There is an eight-inch city gravity sanitary sewer main
in 54tn Street. Analysis of Pump Station 142 and the sanitary sewer collection system is required to ensure
future flows can be accommodated.
COMPREHENSIVE PLAN
The Comprehensive Plan designates this area as being part of
thea Primary Presidential area. The City's Comprehensive Plan states that the objective of the Primary
Residential Area is to protect the predominantly suburban character that is defined, in large measure, by
the stable neighborhoods of the Primary Residential Area.
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Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this subdivision variance subject to the conditions listed below. Proposed Lot
N-1 is unique since it is adjacent to Hannah Lane, which is unimproved at this location. The 50 foot wide
corner lot will not appear to be substandard because of the open space provided by the unimproved right-of-
way. The City has no plans to improve Hannah Lane. In addition, both of the proposed lots will contain 6,750
square feet each and significantly exceed the minimum single-family lot requirement of 5000 square feet for
the R-5R District. The applicant has submitted an architectural elevation of the home to be constructed on
proposed Lot N-1. The elevation shows that the dwelling will be attractive with good architectural detail and a
side-loaded garage. Subdividing this lot and constructing two single-family homes, as proposed, appears to be
more positive for the character of the neighborhood than building a duplex on the lot as it currently exists. If
approved, the following conditions should be required:
1. Each lot (Lots N-1 and N-2) shall be development only for single-family dwellings.
2. The homes to be constructed shall substantially adhere to the submitted architectural elevations.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
BENJAMIN J. WILLIS, III
Agenda Item # 11
Page 3
AERIAL OF SITE LOCATION
BENJAMIN J. WilLIS, III
Agenda Item # 11
Page 4
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BENJAMIN J. WilLIS, III
Agenda Item # 11
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PROPOSED ELEVATION FOR
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BENJAMIN J. WilLIS, III
Agenda Item # 11
Page 6
PROPOSED ELEVATION FOR
LOT N-2
BENJAMIN J. WILLIS, III
Agenda Item # 11
Page 7
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Subdivision Variance
Street Closure
Street Closure
Approved
Withdrawn
ZONING HISTORY
BENJAMIN J. WILLIS, III
Agenda Item # 11
Page 8
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DISCLOSURE STATEMENT II
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership. firm, business. or other unincorporated
organization. complete the following:
1 List the applicant name followed by the names of all officers. members, trustees,
partners, etc. below: (Attach list if necessary)
Benjamin J. Willis. III
2. List all businesses that have a parent-subsidiary" or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
X Check here if the applicant is NOT a corporation, partnership. firm. business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation. partnership, firm, business. or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers members,
trustees, partners. etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entitf
relationship with the applicant: (Attach fist if necessary)
o Check here if the property owner is NOT a corporation. partnership, firm.
business, or other unincorporated organization.
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S~lbdivlSlon Variance Appl:cation
Page 10 0' ',1
Revised: 9/ ~ t20G4
BENJAMIN J. WILLIS, III
Agenda Item # 11
Page 9
Ag\
r DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list jf necessary)
Gallup Surveyors & Engineers. Ltd.
Sykes, Bourdon, Ahern & Levy, P.C.
~ "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code S 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities: there are common or commingled funds or assets: the business entities share
the use of the same offices or employees or othewise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and local Government Conflict of Interests Act Va.
Codes2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that. upon receipt of notification (postcard) that the application has been
schepuled for public hearing, ! am responsible for obtaining and posting the required
sigrr,fbn the/~ubject p~perty at le~st 30 days prior to the scheduled public hearing
aC7~~nf[\t~\h~lli~m)~tl~s In this package.
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Benjamin J. Willis, III
Print Name
Print Name
Property Owners Signature (if different than applicant)
SWbdivlsior Va,lrJ"'1Ce Appli('...a~lon
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BENJAMIN J. WILLIS, III
Agendaltem# 11
Page 10
Item # 11
Benjamin J. Willis, ill
Appeal to Decisions of Administrative Officers in
Regard to certain elements of the Subdivision Ordinance
Subdivision of Benjamin J. Willis, m
404 54th Street
District 5
Lynnhaven
February 8, 2006
CONSENT
Janice Anderson: The next item we have is Item #11, an application of Benjamin J.
Willis, ill. It's an appeal to decisions of Administrative Officers with regard to certain
elements of the Subdivision Ordinance for property located at 404 54th Street in the
Lynnhaven District. Mr. Bourdon?
=
Eddie Bourdon: Thank you. Ms. Anderson, for the record, Eddie Bourdon representing
Mr. Willis. We greatly appreciate being on the consent agenda. We have provided even
though the interior lot doesn't require any variance, we have provided an elevation for
both lots. Mr. White now has both of those elevations. They're both very high quality
elevations that have been shown to the civic league and to the neighbors and that is why
you have all those letters of support. Two story single-family homes and we appreciate
being on the consent agenda.
Janice Anderson: Thank you. Is there any opposition to this application? Mr. Henry
Livas will explain this for us.
Henry Livas: This application requests a subdivision variance. As stated before, the
property is located at 404 54th Street, and the applicant is proposing subdividing into two
lots; 50 foot by 135 feet. The concern was that one lot is a comer lot that is normally
required to be 60 feet by ordinance. We're recommending approval since the comer lot is
on Hannah Lane, which is an undeveloped right-of-way. The city has no plans to
improve this right-of-way. We do have one major condition on approval and that is each
lot shall be developed for single-family dwellings. Therefore, we thought it was
appropriate to put on consent.
Janice Anderson: Thank you. I would like to make a motion with regard to consent
agenda Item #11 Benjamin J. Willis, m.
Barry Knight: A motion has been made. Do I have a second?
Dorothy Wood: Second.
Item #11
Benjamin J. Willis, m
Page 2
Barry Knight: Okay, a second by Dot Wood. Is there any discussion? Let's call for the
question.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
RJaGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item # 11 for consent.
=
February 4, 2006
Chairman Barry Knight
Members of the Virginia Beach Planning Commission
Re: Property located at 404 54th Street, Lynnhaven District, Virginia Beach-
Subdivision Variance application of Benjamin J. Willis
Dear Chairman and Commission Members
We reside at the extreme West end of 54th Street where it intersects with Lakeside Ave on
the north comer. Weare in favor and support a variance if granted that permits the
property to be subdivided into (2) single family lots that will each face 54th street. It is
our opinion that such a variance will keep consistency with the overall character of this
section of the beach and the surrounding property owners of this neighborhood.
We also believe it would not be in the neighborhood's best interest if the property would
be permitted to subdivide and have the (2) lots facing the unimproved Hannah Lane, by
paving this "paper" street.
=
Thank you for considering our view in this matter.
Dear Planning Committee,
My name is Scott Cutchin and I live at 5409 Hannah Lane. We
built this home in 1997 and have lived in this area of the North End
since 1989. We have seen a lot of changes on our street in the last
few years, with the building of 6 single family homes and 2
condos. We are pleased with all of the new residences and the
overall aesthetics of 54th St/Hannah Lane. I have talked with Ben
Willis at length in regards to his plans for building a new single
family home on his current lot. I wholeheartedly approve of his
vision for the lot and feel it will be a nice addition to the street. I
am in favor of the subdividing of the lot and in keeping that section
of Hannah Lane a paper street. Having the new home face 54th
Street will be in keeping with the other homes on the street and I
have no doubt that Ben will build a. beautiful home, further
enhancing the appeal of the street.
=
Sincerely,
Scott Cutchin
491-837
"
William D. Sessoms, Jr.
4506 Atlantic Avenue
Virginia Beach. Virginia 23451
Chairman Barry Knight
Members of the Virginia Beach Planning Commission
Re: Application of Benjamin J. Willis, III for a Subdivision Variance-Property located
at 404 54th Street, Lynnhaven District, Virginia Beach
Dear Chairman Knight and Members of the Commission:
=
I reside on the north side of 54th Street Directly across from the property which is
the subject of the above referenced variance application. It is my understanding and belief
that the subject property fronts 100 feet on the south side of 54th Street and extends south
135 feet along the western side of an unimproved paper street known as Hannah Lane
(formerly Sydnor Street). The property contains 13,$00 square feet and is zoned R-5R
Residential. I support dividing,this parcel into two (2) 50-foot wide single-family
residential building lots, each containing 6,750 square feet. The proposed lots will each
front on 54th Street and will preserve the unimproved Hannah Lane right-of-way which
runs along the east side of the property.
The vast majority ofR-5R zoned lots (interior and comer) at the North End are
50-foot wide and, in fact many duplexes are built on 50-foot wide comer lots.
In conclusion, the granting of this variance will result in a development that is
consistent with the character of the area and will not be detrimental to the surrounding
property owners. The same cannot be said for subdividing and developing the property
with two (2) lots facing unimproved Hannah Lane, by clearing and paving a 135-foot
section of Hannah Lane as a "stubbed" public street going nowhere.
Thank you in advance for your consideration of my views.
Sincerely,
r
/f/d/
William D. Sessoms, Jr.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Jessup Construction, L.L.C. - Subdivision Variance for 956 Hurds Road
(DISTRICT 5 - L YNNHA VEN)
MEETING DATE: March 14,2006
. Background:
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Jessup Construction, L.L.C. Property is
located at 956 Hurds Road (GPIN 14982109860000). DISTRICT 5-
LYNNHAVEN
. Considerations:
It is the intent of the applicant to subdivide 2.27 acres to be developed into two
(2) single-family dwelling sites in the R-40 Residential District. Hurds Road, in
front of this property, is a private road. An ingress/egress is depicted on the
submitted plan that will serve these home sites as well as continue to serve other
homes also located off this private portion of Hurds Road.
The proposed parcels will meet and actually exceed the minimum lot size of
40,000 square feet for R-40 zoning (the smallest being 46,192.8 square feet and
the larger with 52,813.966 square feet). However, since Hurds Road is not a
public right-of-way, the subdivision does not meet the minimum requirement for
lot width of 125 feet along a public street. If this portion of the street were public,
the applicant would not need a Subdivision Variance to create these two (2)
parcels.
The Planning Commission placed this item on the consent agenda because they
felt that it was the best use for the property.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The subdivision of the property and the final subdivision plat shall
substantially adhere to the submitted plan entitled "Preliminary Subdivision
Site C McNeil's Cove," prepared by Bonifant Land Surveyors, dated
November 18, 2005. Said plan has been exhibited to the City of Virginia
Beach City Council and is on file in the City of Virginia Beach Planning
Jessup Construction, L.L.C.
Page 2 of 2
Department.
2. A pre-construction meeting shall be convened and all land disturbing
activities shall be coordinated with both the City of Virginia Beach Civil
Inspections Division (757-385-4558) and the Pollution Response Program
(PREP) Coordinator of the Tidewater Regional Office of the Department of
Environmental Quality (757-518-2000) prior to any land disturbance,
inclusive of demolition of existing structures.
3. All conditions of the Chesapeake Bay Preservation Area Board's approval,
dated December 22, 2005, shall also be conditions of approval of this
Subdivision Variance.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manager:~ k- .~ll>'>'t.
JESSUP
CONSTRUCTION
Agenda Item # 6
February 8, 2006 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST: To create two (2) lots on 2.27
acres, both of which do not have frontage
on a public right-of-way as this portion of
Hurds Road is private.
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance.
ADDRESS I DESCRIPTION: Property located at 956 Hurds Road
GPIN:
14982109860000
COUNCIL ELECTION DISTRICT:
5 - L YNNHA VEN
SITE SIZE:
2.27 acres
SUMMARY OF REQUEST
Existing Lot: The existing lot is 2.27 acres and is located on a
private street.
Proposed Lots: It is the intent of the applicant to subdivide 2.27 acres to be developed into two (2) single
family dwelling sites in the R-40 Residential District.
Item. Reauired Lot C-1 Lot C-2
Lot Width in feet 125 0* 0*
Lot Area in square feet 40,000 45,192.8 52,813.2
*Variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is an existing single family dwelling and pool on the 2.27 acres. This dwelling
will be demolished as it will straddle the proposed property line that will separate the two (2) proposed lots.
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Agenda Item '6
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SURROUNDING LAND North: .
USE AND ZONING: South: .
East: .
West: .
Hurds Road, single family dwellings / R-40 Residential District
Sod's Creek, single family dwellings / R-20 Open Space
Promotion
Single family dwelling / R-40 Residential District
Single family dwellings / R-40 Residential District
NATURAL RESOURCE
AND CULTURAL
FEATURES:
This site is within the Chesapeake Bay watershed. Portions of the property are
within the Resource Protection Area, the most stringently regulated property in
the Chesapeake Bay Preservation Area. The site is moderately wooded,
stabilized primarily with turf, and extensive tidal fringe marsh exists along the
sites western boundary. The Chesapeake Bay Preservation Area Board
reviewed and approved the encroachment into the Resource Protection Area, as
depicted on the submitted plan, on December 22, 2005, with the conditions listed
below.
1. A pre-construction meeting shall be convened with Civil Inspections prior
to any land disturbance, inclusive of demolition.
2. Dual 36" erosion and sedimentation control measures (silt fences) shall
be installed prior to any land disturbance and shall remain in place until
such time as vegetative cover is established.
3. A heavy duty construction fence, acceptable to Civil Inspections, shall be
installed along the aforementioned E & S controls and shall be
maintained during all phases of construction.
4. Permanent or temporary soil stabilization shall be applied to all
disturbed / denuded area(s) prior to a final building inspection or
certificate of occupancy.
5. Construction limits shall lie a maximum of 15' seaward of improvements.
6. The construction access way shall be noted on the site plan for each lot,
as well as the stockpile staging area.
7. Stormwater from proposed impervious cover shall be conveyed to
stormwater management facilities.
8. If and when the shoreline is hardened, a rip-rap revetment shall be
constructed in lieu of a vertical retaining structure (vinyl, timber or steel
bulkhead). The toe of said revetment shall lie at or landward of mean
high water or tidal vegetated wetlands. Said condition shall be so noted
on the site plan.
9. Under deck treatment of sand and gravel shall be installed.
10. **As offered by the applicant, payment shall be made to the Lynnhaven
Oyster Heritage Program prior to or concurrent with site plan approval.
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Payment shall be in the amount of $1,176.00 (Lot C-1) and $985.00 (Lot
C-2) and is based on 25% of the proposed impervious cover. Said
payment shall provide for the equivalent of an approximate 2,358 sq. ft.,
12-inch deep oyster shell plant within the Lynnhaven River Basin.
11. Areas that are currently in a natural state shall remain in a natural state
to include the forest floor (leaf litter) left intact.
12. The proposed driveways shall be removed from the first 100' buffer. Said
side load garages and associated driveways shall be along the proposed
property line.
13. All structures shall be built into the slope with no perimeter fill.
14. A maximum of 20% of the remaining pervious area per lot shall be
devoted to turf (approximately 6,700 square feet of turf per lot). The first
100 buffer shall be totally restored / landscaped exclusive of authorized
structural improvements and limits of construction. Said restoration shall
utilize bayscape landscaping principles with a strong emphasis on re-
establishing a "living shoreline." Restored areas shall incorporate 4" to 6"
of organic material, employ ornamental grasses, shrubs and trees.
Those portions of the first 100' buffer currently in a natural state shall
also be assessed to achieve said results. The adjacent fringe marsh
shall no longer be mown. A minimum of 60 trees (30 per lot) shall be
installed and shall be comprised of 50% deciduous and 50% evergreen
species. The required trees shall be evenly distributed throughout the
lot to the greatest extent practicable and shall be installed above the 4'
contour. Said restoration shall be installed prior to the issuance of the
certificate of occupancy. Said condition shall be so noted on the site
plan.
15. A separate landscape / buffer restoration plan shall be submitted
concurrent with the site plan detailing location, number, and species of
vegetation to be installed.
16. The conditions and approval associated with this variance are based on
the site plan dated November 18, 2005, prepared by Bonifant Land
Surveys.
17. Identify the top-of-bank and variable width buffer.
18. A revised site plan shall be submitted to the Department of Planning,
Development Services Center for review and approval prior to the
issuance of a building permit.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana.
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IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Hurds
Road, in front of this property, is a private road. An ingress/egress is depicted on the submitted plan
that will serve these home sites as well as continue to serve other homes also located off this private
portion of Hurds Road.
WATER: This site must connect to City water. There is an existing water meter that may be used or upgraded.
There is a four (4) inch water main in a 30 foot wide public utility easement fronting the site.
SEWER: This site must connect to City sanitary sewer. Analysis of pump station #283 maybe required to
ensure future flows can be accommodated. There is both an eight (8) inch and a six (6) inch gravity sanitary
sewer main also in the utility easement.
The Comprehensive Plan designates this area as a Primary COMPREHENSIVE PLAN
Presidential area. The Plan states that the Primary Residential
Area strongly focuses on preserving and protecting the overall character, economic values and aesthetic
quality of the stable neighborhoods located in this area.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal" or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
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EVALUATION AND RECOMMENDATION
Hurds Road, in front of this
property, is a private road. An ingress/egress is depicted on the submitted plan that will serve these
home sites as well as continue to serve other homes also located off this private portion of Hurds Road.
Staff recommends approval of this request with conditions. The recommended conditions are provided
below.
Staff's opinion is that the authorization of this variance will not be detrimental to adjacent property and the
character of the neighborhood will not be adversely affected. The proposed parcels will meet and actually
exceed the minimum lot size of 40,000 square feet for R-40 zoning (the smallest being 46,192.8 square
feet and the larger with 52,813.966 square feet), which is in keeping with the surrounding properties. The
issue is that this portion of Hurds Road is private. As it is not a public right-of-way, the subdivision does
not meet the minimum requirement for lot width of 125 feet along a public street. If this portion of the
street were public, the applicant would not need a Subdivision Variance to create these two (2) parcels.
This request is similar to other requests abutting tidal waters and wetlands as well as lots of unusual
depth, size and/or configuration.
CONDITIONS
1. The subdivision of the property and the final subdivision plat shall substantially adhere to the
submitted plan entitled "Preliminary Subdivision Site C McNeil's Cove," prepared by Bonifant Land
Surveyors, dated November 18, 2005. Said plan has been exhibited to the City of Virginia Beach City
Council and is on file in the City of Virginia Beach Planning Department.
2. A pre-construction meeting shall be convened and all land disturbing activities shall be coordinated
with both the City of Virginia Beach Civil Inspections Division (757-385-4558) and the Pollution
Response Program (PREP) Coordinator of the Tidewater Regional Office of the Department of
Environmental Quality (757-518-2000) prior to any land disturbance, inclusive of demolition of existing
structures.
3. All conditions of the Chesapeake Bay Preservation Area Board's approval, dated December 22, 2005,
shall also be conditions of approval of this Subdivision Variance.
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NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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Subdivision Variance
1 03/17/86 SUBDIVISION VARIANCE Granted
2 07/25/86 CHANGE OF ZONING (R-1 to R-3) Granted
01/21/85 CONDITIONAL USE PERMIT (R-20 Granted
Open Space Promotion)
ZONING HISTORY
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Agenda lte
B
Item #6
Jessup Construction, L.L.c.
Appeal to Decisions of Administrative Officer in
regard to certain elements of the Subdivision Ordinance
Subdivision of Jessup Construction, L.L.c.
956 Hurds Road
District 5
Lynnhaven
February 8, 2006
CONSENT
Janice Anderson: The next item that we have on the consent agenda is Item #6 Jessup
Construction, L.L.c. This is an appeal to decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance. Is there a representative of Jessup
Construction? Welcome.
Barry Knight: Welcome sir. Please state your name?
Foster Matter: Foster Matter with Jessup Construction. I'm in agreement with all the
conditions that are listed.
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Janice Anderson: There were three conditions placed and you are in agreement. Thank
you. Is there any opposition to this application? Al Henley, if you could please explain
this application?
AI Henley: Yes. The Planning Commission had an opportunity to view this site and a
majority of the property has already been developed. We felt that it was the best use for
the property. As a matter of fact, all the other properties that had previously been
developed went through the same process and had been approved. So, with that in order,
a precedence has been set. We feel it's the best use for the property.
Barry Knight: Thank you AI.
Janice Anderson: Thank you. I would like to make a motion with regard to consent
agenda Item #6 Jessup Construction, L.L.C. with three conditions.
Barry Knight: A motion has been made. Do I have a second?
Dorothy Wood: Second.
Barry Knight: Okay, a second by Dot Wood. Is there any discussion? Let's call for the
question.
Item #6
Jessup Construction, L.L. C.
Page 2
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item #6 for consent.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Richard and Lovie Fortune - Application for a freestanding mobile home in the
Agricultural District
MEETING DATE: March 14,2006
Background: The Application of Richard and Lovie Fortune to place a doublewide
mobile home on their property for a relative to reside in. The property is located at 3892
Charity Neck Road (GPIN 2411-76-8775-0000). Said parcel contains 16.7 acres
Considerations:
Section 19-19 of the City Code allows agricultural property owners to have one
freestanding mobile home in addition to a primary residence where the following
conditions are met:
1. The mobile home must be located on the same parcels as the principal
residence and it must be placed to the rear or side of the principal residence.
The mobile home must meet all required setbacks.
2. The mobile home is not located within 400 feet of any other existing
residence.
3. The Department of Planning shall notify all adjoining property owners of the
application and allow them 15 days to object to the proposal.
4. The Department of Public Health must review and approve the proposed
method of sewage disposal for the mobile home.
5. The freestanding mobile home shall only be occupied by a member of the
immediate family of the resident of the principal dwelling on the parce'l and
only one family can occupy the mobile home.
6. If the Planning Department receives any objection from adjoining property
owners, the Planning Department must forward the request to City Council. If
no objections are received, the Planning Department shall issue a permit for
the mobile home.
This request was placed on the City Council Agenda because one adjoining property
owner had objected to the mobile home. The neighbor has withdrawn his opposition and
City Council action is no longer needed. Withdrawal of the request is recommended.
Richard and Lovie Fortune
Page 2 of 2
Attachments:
Location Map
Approval from Neighbor
Disclosure Statement
Recommended Action: Withdrawal
Submitting DepartmentlAgen}CY: Planning Department ~
City Manager:~ (., ~
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RECEIVED
MAR 0 1 2006
PLANNING DEPARTMENT
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Sunsations Realty, L.L.C. - Change of Zoning District Classification on the
east side of Village Road, 287.7 feet north of Virginia Beach Boulevard (DISTRICT
6 - BEACH)
MEETING DATE: March 14, 2006
. Background:
An Ordinance upon Application of Sunsations Realty, L.L.C. for a Chanqe of
Zoninq District Classification from B-2 Community Business District to
Conditional 1-1 Light Industrial District on property located on the east side of
Village Road, 287.7 feet north of Virginia Beach Boulevard (GPINs 2407561434
- portion of; 24074696030000). The Comprehensive Plan designates this site as
being within the Primary Residential Area. The purpose of this rezoning is to
develop an office/warehouse on the site. DISTRICT 6 - BEACH
. Considerations:
The applicant proposes to rezone the existing B-2 parcel to 1-1 Light Industrial
District in order to construct a warehouse facility for the applicant's existing retail
business. No retail operations will occur on this site; the building will be used for
storage only. The site is located within the Greater than 75 dB Ldn AICUZ and
Accident Potential Zone 2. The proposed use is designated as a compatible use
within both, thus providing a desired use on what is now a vacant commercially
zoned parcel. The zoning change is proffered to insure minimal affects on the
adjacent residential. Lighting for the site is governed under Proffer 4 in order to
eliminate light spill on to the adjacent properties. The hours for deliveries are
restricted by Proffer 5 to between the hours of 7:30 AM and 6:30 PM. The site
design also includes a 25 foot wide vegetated buffer between the use and the
existing residential units.
The Planning Commission placed this item on the consent agenda because they
felt that it was an appropriate use for the property and the proffers ensured
minimal affects on the adjacent residential area.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request as proffered.
Sunsations Realty, L.L.C.
Page 2 of 2
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manager:r k-. ~~
SUNSATIONS
REALTY,LLC
Agenda Item # 1
February 8, 2006 Public Hearing
REQUEST:
Staff Planner: Carolyn AK Smith
Chanae of Zonina District Classification from B-2
Community Business District to Conditional 1-1 Light
Industrial District.
ADDRESS I DESCRIPTION: Parcels 2A and 3A on Village Road, approximately 500 feet north of its
intersection with Virginia Beach Boulevard.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
Portion of 24075614340000 6 - BEACH 1.794 acres
The applicant proposes to rezone the existing B-2 parcel to (-1
Light Industrial District in order to construct a warehouse
facility for the applicant's existing retail business. No retail operations will occur on this site; the building
will be used for storage only.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North: .
USE AND ZONING: South:
.
East: .
West: .
Apartments / A-18 Apartment District
Vacant land, auto repair / B-2 Community Business District
Village Drive, apartments / A-18 Apartment District
Apartments / A-12 & A-18 Apartment District
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NATURAL
RESOURCE
AND
CULTURAL
FEATURES:
The property is located within the Chesapeake Bay watershed. The majority of the site is grass
field. There do not appear to be any significant environmental features on the property.
AICUZ:
The site is in an AICUZ of greater than 75 dB Ldn and within APZ 1 surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Village
Drive is a two (2) lane collector roadway with a variable right-of-way width ranging in size from 36 feet to
60 feet.
TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic
Village Road NO DATA NO DATA Existing Land Use'" - 990
A V AILABLE AVAILABLE ADT
Proposed Land Use 3 - 503
ADT
,
Average Dally Trips
2 as defined by 1.8 acres of typical B-2 use
3 as defined by 41,500 square feet of warehouse space
WATER: This site must connect to City water. There is an 8 inch City water main in Village Road.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 287 and the sanitary sewer
collection system may be required to ensure future flows can be accommodated. There is an 8 inch City
sanitary sewer gravity main along Village Road that will need to be extended to accommodate this site as
there is no sanitary sewer service fronting the property.
The Comprehensive Plan designates this area as part of the
Primary Residential Area. The City's Comprehensive Plan states that the objective of the Primary
Residential Area is to protect the predominantly suburban character that is defined, in large measure, by
the stable neighborhoods of the Primary Residential Area. The plan also reinforces the suburban
characteristics of commercial centers and other non-residential areas that make up part of the Primary
Residential Area. The plan states "Limited commercial or industrial activities providing desired goods or
services to residential neighborhoods may be considered acceptable uses on the edge of established
COMPREHENSIVE PLAN
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Agenda Item#: 1
Pag~2
neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of
such activities" (page 91). As this site is located in the greater than 75 AICUZ and within APZ 1, non-
residential uses deemed compatible under the Land Use Compatibility Table in Section 1804 of the
Zoning Ordinance are appropriate. The proposed use is compatible in this AICUZ and APZ.
Staff recommends approval of this
request with the submitted
proffers. The proffers are provided below.
EVALUATION AND RECOMMENDATION
Of importance is that the proposed warehouse facility is designated as a compatible use within the
Greater Than 75 AICUZ and also within the Accident Potential Zone 1, thus providing a desired use on
what is now a vacant commercially zoned parcel. The proposed zoning and use are a good fit with NAS
Oceana operations, and the zoning change is proffered to insure minimal affects on the adjacent
residential. The applicant has provided proffers that help to insure compatibility with the existing adjacent
apartments. Lighting for the site is governed under Proffer 4 in order to eliminate light spill on to the
adjacent properties. The hours for deliveries are restricted by Proffer 5 to between the hours of 7:30 AM
and 6:30 PM. The site design also includes a 25 foot wide vegetated buffer between the use and the
existing residential units. Approval as proffered is, therefore, recommended.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When developed, the Property shall be developed in substantial conformance with sheet S-2 of the "Site
Study for Sunsations Realty LLC," dated October 27,2005, prepared by Robert Yoder Architectural
Exclusives, a copy of which is on file with the Planning Department and has been exhibited to the City
Council (the "Conceptual Plan").
PROFFER 2:
When developed, the building constructed upon the Property shall be constructed in substantial
conformance with the architectural renderings shown on Sheet S-1 of the Conceptual Plan. Grantor shall
use building colors submitted to and approved by the Planning Director or his designee.
PROFFER 3:
When developed, landscaping shall be installed in substantial conformance with the landscaping shown on
the Conceptual Plan.
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Agenda Itent#1'
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PROFFER 4:
When developed, site lighting shall be installed on the Property using bollard lights or lights intended to
prevent light seepage onto adjacent properties zoned A-12. Prior to final site plan approval, Grantor shall
prepare and submit a lighting plan to be approved by the Planning Director or his designee.
PROFFER 5:
When developed, Grantor shall limit deliveries by truck to between the hours of 7:30 AM and 6:30 PM.
PROFFER 6:
When developed, a monument sign shall be constructed upon a base, using materials similar to those used
for the building fac;:ade shown on the Conceptual plan. Grantor shall limit the height of the sign to no greater
than eight (8) feet.
PROFFER 7:
Further conditions lawfully imposed by applicable development ordinance may be required by the Grantee
during detailed site plan and/or subdivision review and administration of applicable City Codes by all
cognizant City Agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project and insure compatibility with the adjacent residential uses.
The City Attorney's Office has reviewed the proffer agreement dated November 1, 2005, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
.SUNSATIONS
Agenda Item '# 1.
.Pag~ 4
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Agenda lte 1
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1
2
3
4
5
6
7
2/22/2000
10/8/1996
3/27/1989
1/25/1994
1 0/9/2001
3/27/1989
6/12/1989
Granted
Granted
Denied
Granted
Granted
Granted
Granted
ZONING HISl',OR.X
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. SUNSATIONS
Agenda Item # 1
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Item # 1
Sunsations Realty, L.L.c.
Change of Zoning District Classification
East side of Village Road, 287.7 feet north of
Virginia Beach Boulevard
District 6
Beach
February 8, 2006
CONSENT
Barry Knight: The next item of business will be the consent item agenda. The Vice
Chair will handle this portion of the agenda. Ms. Anderson.
Janice Anderson: Thank you Mr. Knight. There are nine items on our consent agenda
this morning. As I call them, if the applicant or their representative will come to the
podium. And if there is an objection to the item being placed on consent, I will ask for
objections. Then we will remove that item from the consent agenda and it will be heard
with the regular agenda items. The first item I'm calling is Item #1 Sunsations Realty,
L.L.c.
=
Jeff Maynard: Good afternoon Mr. Chairman. Ms. Anderson, my name is Jeff Maynard.
I'm a lawyer with the Law Firm Troutman Sanders, on behalf of Sunsations Realty,
L.L.C, which is the applicant.
Janice Anderson: Thank you Mr. Maynard. It's on the consent agenda with eight
proffers. Is that acceptable?
Jeff Maynard: That is acceptable.
Janice Anderson: Okay. Mr. Jay Bernas, will you explain this application please?
Jay Bernas: The applicant would like to place an office warehouse on this piece of
property. We feel that it is consistent with what is the recently approved ordinance within
the AICUZ Zone. It is within the greater than 75dbls and the APZ1. The Commission is
very cognizant of the fact with the BRAC hearings and the recently approved ordinance.
But we feel that this a good use for this piece of property with the following proffer. The
applicant will apply split face block along the base of the building or use a fiber cement
panel instead of metal along the lower portion of the building. This proffer will be
reviewed for legal sufficiency and added between now and when Council hears it.
Janice Anderson: Is there any opposition to Item #1? No. I would like to make a motion
with regard to consent agenda Item #1 Sunsations Realty, L.L.c. with eight proffers.
Barry Knight: A motion has been made. Do I have a second?
Item #1
Sunsations Realty, L.L.c.
Page 2
Dorothy Wood: Second.
Barry Knight: Okay, a second by Dot Wood. Is there any discussion? Let's call for the
question.
AYE 11
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item #1 for consent.
~
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6342
DATE: March 2, 2006
FROM:
Leslie L. Lilley . ~
B. Kay Wilson~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Sunsations Realty~ L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on March 14, 2006. I have reviewed the subject proffer agreement, dated
November 1, 2005, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
Prepared By/Return To Troutman Sanders LLP
AGREEMENT
THIS AGREEMENT is made this 1st day of November, 2005, by and among
CATALDO INDUSTRIES II. L.L.C., a Virginia limited liability company ("Owner" to be
indexed as a grantor), SUNSATIONS REALTY. L.L.C., a Virginia limited liability company
("Sunsations" to be indexed as a grantor, and together with Owner shall herein be referred to as
"Grantors"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia ("Grantee").
WIT N E SSE T H:
WHEREAS, Grantors have initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the existing
zoning classification from B-2 to 1-1 Conditional on certain property containing a total of
approximately 1.794 acres, more or less, located along Village Road in the Beach District of the
City of Virginia Beach, Virginia, which property is more particularly described in the attached
Exhibit A (hereinafter the "Property"); and
WHEREAS, Owner is the owner of the Property, and Sunsations is the contract-
purchaser of the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned I-I are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
GPIN Numbers 2407-56-1632 and 2407-56-1751
Page 1
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing I-I zoning district by the
existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of Quid pro QUO
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
Page 2
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantors, their heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. When developed, the Property shall be developed in substantial conformance with
sheet S-2 of the "Site Study for Sunsations Realty LLC" dated October 27, 2005, prepared by
Robert Yoder Architectural Exclusives, a copy of which is on file with the Planning Department
and has been exhibited to the City Council (the "Conceptual Plan").
2. When developed, the building constructed upon the Property shall be constructed
m substantial conformance with the architectural renderings shown on Sheet S-1 of the
Conceptual Plan. Grantor shall use building colors submitted to and approved by the Planning
Director or his designee.
3. When developed, landscaping shall be installed in substantial conformance with
the landscaping shown on the Conceptual Plan.
4. When developed, site lighting shall be installed on the Property using bollard
lights or lights intended to prevent light seepage onto adjacent properties zoned A-12. Prior to
final site plan approval, Grantor shall prepare and submit a lighting plan to be approved by the
Planning Director or his designee.
5. When developed, Grantor shall limit deliveries by truck to between the hours of
7:30 AM and 6:30 PM.
6. When developed, a monument sign shall be constructed upon a base, usmg
materials similar to those used for the building fa<;ade shown on the Conceptual Plan. Grantor
shall limit the height of the sign to no greater than eight (8) feet.
7. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
Page 3
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
8. When developed, Grantor shall utilize split-face block, brick or fiber-cement
panels along the lower portions of the exterior walls of the building shown on the architectural
renderings referenced above, at a height of between two and three feet above grade level.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that: (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
This Agreement may be signed in one or more counterparts which, upon execution by all
the parties, shall constitute a single agreement.
Page 4
10/31/2005 10:34 7575231305
RIDDLE ASSOCIATES
PAGE 18
IN WITNESS WHEREOF. the foregoing Agn:ement is executed by the parties of the date
first written above.
GRANTORS:
CATALDO 1NDUS1'RlBS n. L.L.C.
a Virginia limited liability company
BY.O~ Q-C~J2U
COMMONWBALnf OF VIRGINIA
CITY OF VIRGINIA BEACH. to-wit: .J.
, "5"
("~ fonopins i_ _ ~~ before me thia "3t day of
_LCIDtlt-- .2005. by 0 \'\,~'l\) t-. LQ:~c . penoaally known to
me to be MI\0A&\ .0& p A.lL1,uE:. t- of Cataldo Industries a L.L.c., a Virsinia limited
liabilityCOlllJlllllY. Ja:~ (;. (~~.Iy
My Commission I!ltpiros:~ /~ Public 0
Paae 5
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
/1cnJ~ foregoing ..instrument was
Uj r ,2005, by YtJrdn
me to be
liability company.
My Commission Expires:~
VB300595v2
SUNSATIONS REALTY, L.L.c.
a Virginia limited liability company
~~. /;;y-~-
. .!JQTh
~lrnowledged before me thIS .~ day. of
oibr!!fa ' personally known to
of .ations Realty, L.L.C.,a Virginia limited
(~.
N tary Public
Page 6
Exhibit A
Legal Description
ALL THAT certain lot, piece or parcel of land, with the improvements and
buildings thereon, situate, lying and being in the City of Virginia Beach, Virginia,
and being known, numbered and designated as Parcel 2A and 3A, as shown on
that certain plat entitled "RESUBDMSION OF LOT 27, 28, 29, 30 & 31
MAXEY MANOR (M.B. 80, P. 16)" made by Kellam Gerwitz, Engineering-
Surveying-Planning dated October 4, 2005, which said plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the
"Clerk's Office"), as Instrument Number 20051228002069380.
IT BEING a portion of the same property conveyed to Cataldo Industries IT,
L.L.C., a Virginia limited liability company, by deed from Regent International
Corporation, a Virginia corporation, dated August 16, 2005, and recorded in the
Clerk's Office as Instrument Number 200509090144606.
Page 7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: M.B.B., Inc. - Conditional Use Permit (mini-warehouses) on the northeast
corner of Diamond Springs Road and Haden Road (DISTRICT 4 - BA YSIDE)
MEETING DATE: March 14,2006
. Background:
An Ordinance upon Application of M.B.B., Inc. for a Conditional Use Permit for
mini-warehouses on property located on the northeast corner of Diamond
Springs Road and Haden Road (GPIN 14691655890000). DISTRICT 4-
BAYSIDE
. Considerations:
The applicant requests a Conditional Use Permit to allow development of the site
for a three (3) story, climate-controlled, mini-warehouse facility. The site layout
and design of the structure are tailored to protect the single-family dwellings to
the east. Among the design details ensuring the protection of the single-family
neighborhood to the east are the following: no parking spaces will be located
near the eastern property line; the building is stepped back on the east side to
reduce the massiveness on that side adjacent to the dwellings; no lighting will be
permitted along the east side of the proposed building; and the east elevation
has architectural interest and is not a simple wall of block. The development of
the site will also result in the elimination of the billboard on the property.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The Comprehensive Plan recommends that
when non-residential uses abut residential uses, a higher level of land use design
and aesthetic quality be utilized.
The Planning Commission placed this item on the consent agenda because they
felt that the proposal is consistent with the recommendations of the
Comprehensive Plan and that the site and building plan are designed to minimize
impacts on the adjacent residential uses.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. When the property is developed, it shall be developed substantially in
conformance with the concept plan entitled, "CONDITIONAL USE
PERMIT for Diamond Springs Road Self Storage," dated 11/22/05,
M.B.B., Inc.
Page 2 of 2
prepared by Kellam Gerwitz Engineering, Surveying, Planning.
2. There shall be a one-way movement of vehicular ingress/egress with
entrance located at the easternmost ingress/egress as depicted on the
plan identified above in Condition 1. Appropriate signage shall be installed
to reflect this requirement.
3. The building shall be constructed as depicted in conformance and with the
exterior building materials depicted on the elevations entitled, "South
Elevation, East Elevation, and North Elevation," dated January 25,2006.
4. The existing two (2) billboards on the site shall be removed prior to the
approval of the final site plan.
5. In addition to the required Category IV Landscape Buffer required
adjacent to the residential zoning to the east, a solid privacy fence,
minimum height of six (6) feet in height, shall be installed along the
eastern property line, beginning at the 35 foot setback and running north
the length of the property.
6. Category IV landscaping shall be installed immediately adjacent to and
run the entire length of the western fa9ade facing Diamond Springs Road.
7. No lighting will be permitted along the east side of the proposed building.
All outdoor lighting located elsewhere on the site shall be shielded to
direct light and glare onto the premises. Said lighting and glare shall be
deflected, shaded, and focused away from adjoining property. Any
outdoor lighting fixtures shall not be erected any higher than 14 feet.
8. The applicant shall provide a photometric plan for review and approval by
City Staff. All lighting on the site shall be consistent with the standards
recommended by the Illuminating Engineering Society of North America.
9. There shall be no parking spaces within 75 feet of the eastern property
line.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DeparbnentlAgency: Planning Department ~
City Manag~/[. d6~
REQUEST:
MBB, INC.
Agenda Item # 8
February 8, 2005 Public Hearing
Staff Planner: Carolyn A.K. Smith
Conditional Use Permit for mini warehouse facility.
ADDRESS I DESCRIPTION: Property located on the northeast corner of Diamond Springs Road and Haden
Road.
GPIN:
114691655890000
COUNCIL ELECTION DISTRICT:
4 - BAYSIDE
SITE SIZE:
1.147 acres
The applicant requests a Conditional Use Permit to allow
development of the site for a three (3) story, climate-controlled,
mini-warehouse facility.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site with a billboard.
SURROUNDING LAND
USE AND ZONING:
North:
. City of Norfolk drainage easement, apartments / A-24
Apartment District
. Haden Road, auto repair / B-2 Community Business District
. Single family dwellings / R-7.5 Residential District
. Diamond Springs Road, warehouse / 1-1 Light Industrial District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site, located within the Chesapeake Bay watershed,
is covered with grass. There is an existing treed buffer along the eastern
property line but none of the trees are of significant value other than
providing a buffer to the residences to the east.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
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Agendalte
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond
Springs Road in the vicinity of this application is considered a four (4) lane divided minor suburban
arterial facility. The Master Transportation Plan proposes a six (6) lane divided facility within a 150 foot
right-of-way. A Capital Improvement Project is slated for this area (CIP No. 2-083). The project
involves the replacement of the existing two bridges on Diamond Springs Road located approximately
800 feet south of Shore Drive. This project also includes improvements to the landscaping and
aesthetics. This project is at the 55 percent submittal phase. The applicant is aware that right-of-way
improvements must be provided along the Haden Road frontage of this site. All proposed improvements
must be in accordance with the City of Virginia Beach Public Works Standards for a 50 foot right-of-way
and must also coordinate with the indicated CIP. Entrances must be designed in accordance with
Section 3.10.3 of the City of Virginia Beach Public Works Standards for Commercial Entrances and the
applicant has worked with Traffic Engineering on the design of the one way in and one way out
ingress/egress proposed on this site.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Diamond Springs 28,787 ADT 1 28,200 ADT (Level of Existing Land Use ~ -
Road Service "C") - 30,600 ADT 631 ADT
1 (Level of Service "D") Proposed Land Use 3 -
68 ADT
,
Average Dally Tnps
2 as defined by vacant parcel
3 as defined by mini storage facility
WATER: This site must connect to City water. There is a 10 inch water main in Diamond Springs Road.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #314 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an eight (8) inch City
gravity sanitary sewer main and a 48 inch HRSD force main in Haden Road.
The Comprehensive Plan identifies this area as being within
the Primary Residential Area. The land use planning policies and principles for the Primary Residential
Area focus strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area. In a general sense, the established type, size,
and relationship of land use, both residential and non-residential, in and around these neighborhoods
should serve as a guide when considering future development
COMPREHENSIVE PLAN
Staff recommends approval of this
request with conditions
EVALUATION AND RECOMMENDATION
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Agenda Item, ,# 8 .
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recommended by staff. The recommended conditions are provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
Comprehensive Plan policies for this portion of the Bayside area recommend that when non-residential
uses abut residential uses, a higher level of land use design and aesthetic quality be utilized. The Plan's
policies recognize and support the legitimate public need for compatible support uses and activities.
Staff has worked closely with the applicant to ensure that the site layout and design of the structure are
tailored to protect the single-family dwellings to the east. For example, among the details to ensure the
protection of the single-family neighborhood to the east, no parking spaces will be located near the
eastern property line, the building has been stepped back on the east side to reduce the massiveness on
that side adjacent to the dwellings, no lighting will be permitted along the east side of the proposed
building, and the east elevation has architectural interest and is not a simple wall of block. In addition,
Staff believes that the conditions below assist in ensuring that there will be no negative impact on the
adjacent homeowners.
CONDITIONS
1. When the property is developed, it shall be developed substantially in conformance with the concept
plan entitled, "CONDITIONAL USE PERMIT for Diamond Springs Road Self Storage," dated 11/22/05,
prepared by Kellam Gerwitz Engineering, Surveying, Planning.
2. There shall be a one-way movement of vehicular ingress/egress with entrance located at the
easternmost ingress/egress as depicted on the plan identified above in Condition 1. Appropriate
signage shall be installed to reflect this requirement.
3. The building shall be constructed as depicted in conformance and with the exterior building materials
depicted on the elevations entitled, "South Elevation, East Elevation, and North Elevation," dated
January 25, 2006.
4. The existing two (2) billboards on the site shall be removed prior to the approval of the final site plan.
5. In addition to the required Category IV Landscape Buffer required adjacent to the residential zoning to
the east, a solid privacy fence, minimum height of six (6) feet in height, shall be installed along the
eastern property line, beginning at the 35 foot setback and running north the length of the property.
6. Category IV landscaping shall be installed immediately adjacent to and run the entire length of the
western fagade facing Diamond Springs Road.
7. No lighting will be permitted along the east side of the proposed building. All outdoor lighting located
elsewhere on the site shall be shielded to direct light and glare onto the premises. Said lighting and
glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting
fixtures shall not be erected any higher than 14 feet.
8. The applicant shall provide a photometric plan for review and approval by City Staff. All lighting on the
site shall be consistent with the standards recommended by the Illuminating Engineering ;~gpi~ty of
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9. There shall be no parking spaces within 75 feet of the eastern property line.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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AERIAL OF SITE LOCATION
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PROPOSED BUILDING ELEVATION
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Agendalte 8
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ZONING HISTORY
1 01/08/02 CONDITIONAL USE PERMIT (fuel Granted
urn s
2 06/24/85 CHANGE OF ZONING (B-2 to A-2) Granted
07/02/82 CHANGE OF ZONING (B-2 to A-1) Granted
07/12/82 CHANGE OF ZONING R-6 to A-2 Granted
3 06/24/85 CONDITIONAL USE PERMIT (outdoor Granted
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Agenda Iterti# 8
Page 11
. eN,,,";.:,>,:,:,,
Item #8
M.B.B., Inc.
Conditional Use Permit
Northeast corner of Diamond Springs Road and Haden Road
District 4
Bayside
February 8, 2006
CONSENT
Janice Anderson: The next item is Item #8 M.B.B., Inc. This is an Application for a
Conditional Use Permit for mini-warehouses on property located on the northeast comer
of Diamond Springs Road and Haden Road. This is in the Bayside District.
Barry Knight: Welcome sir.
Michael Barnett: Good afternoon Mr. Chairman and members of the Planning
Commission, Michael Burnett, Burnett Development and we're in agreement with all the
conditions.
Janice Anderson: There are nine conditions. Thank you. Is there any opposition to this
application? Therefore, Mr. Ripley, could you explain this?
=
Ronald Ripley: Yes. This is a mini-storage climate control mini-storage warehouse,
three stories. It is located at the comer of Diamond Springs and Haden. It's on about an
acre, 1.74 acres of land. It is a Conditional Use Permit to permit the Conditional Use
Permit to permit this use. This general area of Diamond Springs between Northampton
and Shore Drive is kind of a mixture of uses, and there is some light commercial in the
area. The commercial in the area has never been that vibrant. We have kind of an office
warehouse environment occurring. This is a very passive use, and the staff did a good job
working with the design of the building and everything. We felt it was a good item to
place on the consent agenda.
Janice Anderson: Thank you very much. I would like to make a motion with regard to
consent agenda Item #8 M.B.B., Inc. with nine conditions.
Barry Knight: A motion has been made. Do I have a second?
Dorothy Wood: Second.
Barry Knight: Okay, a second by Dot Wood. Is there any discussion? Let's call for the
question.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
Item #8
M.B.B., Inc.
Page 2
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item #8 for consent.
=
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City of Virginia Beach - An Ordinance to amend Sections 111, 201 and 502
of the City Zoning Ordinance pertaining to rear yard setback requirements for
swimming pools and accessory structures on through lots.
MEETING DATE: March 14,2006
. Background:
These amendments were suggested by the Board of Zoning Appeals to reduce
the necessity of property owners requesting variances for swimming pools and
accessory structures on "through lots."
. Considerations:
Through lots (lots that have streets on both the front and rear of the property)
have presented unique situations for citizens because of the increased setbacks
required. The attached amendments will alleviate those problems to some extent.
The amendments provide a definition of 'through lot' (lines 15 and 16) and allows
for pools and similar structures to have a 20-foot rear yard setback. It also allows
accessory structures to have a 20-foot rear yard setback on through lots. The
Board of Zoning Appeals is commonly faced with requests for setback variances
for such accessory structures, pools, and similar amenities. Having such a large
number of requests is generally seen as an indication that the involved provision
of the ordinance may be in need of change. The Board, therefore, is proposing
the amendment as a means of addressing this issue.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request.
. Attachments:
Staff Review
Planning Commission Minutes
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manager: ~5 k-, ~&"1.
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTIONS 111,
201, AND 502 OF THE ZONING ORDINANCE
Agenda Item # 14
February 8, 2006 Public Hearing
REQUEST
An Ordinance to amend Sections 111, 201 and 502 of the City Zoning Ordinance pertaining to rear yard
setback requirements for swimming pools and accessory structures on through lots.
SUMMARY OF AMENDMENT
These amendments were recommended by the Board of Zoning Appeals. Through lots (lots that have
streets on both the front and rear of the property) have presented unique situations for citizens because
of the increased setbacks required. The attached amendments will alleviate those problems to some
extent. The amendments provide a definition of 'through lot' (lines 15 and 16) and allows for pools and
similar structures to have a 20-foot rear yard setback. It also allows accessory structures to have a 20-
foot rear yard setback on through lots. The Board of Zoning Appeals is commonly faced with requests for
setback variances for such accessory structures, pools, and similar amenities. Having such a large
number of requests is generally seen as an indication that the involved provision of the ordinance may be
in need of change. The Board, therefore, is proposing the attached amendment as a means of addressing
this issue.
RECOMMENDATION
Staff recommends approval of the proposed amendment. The amendment will address an identified issue
for through lots and thus eliminate requests for variances to the Board of Zoning Appeals pertaining to the
required setbacks on such lots.
'C',\,'",{_"_.,_..,
~.' '< j .
'-~.' -',^
;/~:~:'T_
CITY OF VIRGINIA BEACH - THROUGH LOTS
Agen~a .ltem,li14
. ~~!.1
Item #14
City of Virginia Beach - Through-lot Setbacks
An Ordinance to amend Sections 111, 201, and 502 of the City
Zoning Ordinance pertaining to rear yard setback requirements
For swimming pools and accessory structures on Through-lots
February 8, 2006
REGULAR
Janice Anderson: The next item we have is Item #14 City of Virginia Beach - Through-
lot Setbacks. This is an ordinance to amend Section 111, 201, and 502 of the City's
Zoning Ordinance pertaining to rear yard setbacks requirements for swimming pools. Is
there anyone with any objection or comments with regarding this item?
Barry Knight: Welcome.
=
Eddie Bourdon: Thank you Ms. Anderson. Eddie Bourdon, a Virginia Beach attorney. I
do have a comment. I tried to reach Ms. Lasley. She has been out the last couple of days.
I didn't realize this was on the agenda. As most of you I think know, I appear before the
Board of Zoning Appeals on a regular basis. I've had this issue for a long time, in my
own mind, and I've raised it as to why are we concerned about the setback for inground
swimming pools. We have no rules that deal with swing sets; trampolines, sandboxes or
any other type of recreational structures or places where kids play in the backyards at
homes. An above ground swimming pool I can understand but an inground swimming
pool. I don't comprehend the reason why there needs to be a 20 foot setback as opposed
to a typical accessory structure setback of five feet. And, also I believe and was told that
we were going to be changing this with regard to the north end as well. The North End
Civic League has indicated they don't see any reason why we have a 30 foot setback from
Oceanfront A venue, which is a paper street as you get further north out on the beach, and
we've got people at the north end who want to put inground swimming pools in and there
is a 30 foot setback from the paper street, which is the Beach, which you have to get a
variance for, and that was also supposed to be changed to separate section of the
ordinance, which is not in here. So, the inground swimming pool part of this is what and
I'm passing it on to Council. I'm not here to tell you not to approve it but I don't
understand why we have this setback for inground swimming pool. It is less than 16
inches off the ground and you can build anything else that you want that is 16 inches off
the ground in your backyard all the way to your property line.
Janice Anderson: Thank you Mr. Bourdon. Mr. Scott, could you please review.
Bob Scott: If you would like, in light of Mr. Bourdon's comments, if you drop this down
a little bit, we can get Ms. Lasley over here in about five minutes, and I think she can
address that for you and probably should from the City standpoint.
Ronald Ripley: I think that would be a good idea.
Item #14
City of Virginia Beach - Through-lot Setbacks
Page 2
Barry Knight: Let's pull it.
Janice Anderson: Thank you. Item #14 will be pulled from the consent.
LATER
Barry Knight: Mr. Secretary, next item?
Joseph Strange: We're going to go back to Item #14, City of Virginia Beach - Through-
lot Setbacks. An Ordinance to amend Sections 111, 201, and 502 of the City's Zoning
Ordinance pertaining to rear yard setback requirements for swimming pools and
accessory structures on Through-lots.
Barry Knight: Ms. Lasley. We1come.
Karen Lasley: Thank you.
Barry Knight: State your name please.
=
Karen Lasley: Karen Lasley, Zoning Administrator for the City. What questions did you
have for me? I'm sorry.
Barry Knight: Basically, if you would explain the zoning ordinance and then Mr. Bourdon
has some questions he'll get a chance to rebut to answer those questions.
Karen Lasley: What this amendment does is it reduces the required setback in the rear on
through-lots and it applies to swimming pools. It also applies to above ground pools and
any structures such as sheds, items that people would normally put in their backyard.
Right now, with a through-lot, you have a street in the back so they have to meet the
required setback of either 30 feet or 50 feet, depending on the zoning, from that street in
the rear. It really restricts what they can do in their backyard. So this would reduce the
setback for all those items to 20 feet.
Barry Knight: Are there any questions? Thank you. I think Mr. Bourdon would ask a
question. I'm sorry, Mr. Ripley.
Ronald Ripley: If I understood that the reason why they asked you to come over here for
was because the pool was down below grade. You can put a deck within five feet of a
property line as an accessory use. What's the difference?
Karen Lasley: There are special setbacks in Section 201 that apply to inground
swimming pools and jacuzzis and hot tubs. So this amends that section. That would take
care of the inground pool. And then for an above ground pool, that Section 502
amendment would take care of that.
Item #14
City of Virginia Beach - Through-lot Setbacks
Page 3
Ronald Ripley: Explain why you need the 20 feet and you wouldn't need 20 feet if you
put a shed within five feet of the property line?
Karen Lasley: I would apply to a shed.
Ronald Ripley: It would apply to anything?
Karen Lasley: Right, to any permanent structure.
Ronald Ripley: Any above ground structure?
Karen Lasley: You're right. There is a separate section that governs the inground
swimming pools. I think you're asking me why it applies to an inground swimming pool,
which is low and not to a deck that is low?
Ronald Ripley: Yeah.
Karen Lasley: Because there are special setbacks for inground swimming pools. This
ordinance amends both of those items.
=
Ronald Ripley: Okay.
Karen Lasley: A deck would be okay.
John Waller: Excuse me. I'm having a lot of problem understanding.
Karen Lasley: Okay.
John Waller: If it says that no inground swimming pools shall extend into any required
street except that swimming pool. It looks like to that it says you can't do and you can do
it. IngrOlind swimming pools can't be within five feet.
Karen Lasley: I didn't write it. Let me go to the book.
John Waller: Inground swimming pools can't extend to within five feet of any side
setback. And then it says except that swimming pools have to be 20 feet back.
Karen Lasley: Right. To the rear when that through-lot is the rear.
John Waller: It says you can do and then it says you can't do it.
Karen Lasley: Yeah. I know what your saying. This is the way the attorneys say it needs
to be written. I know that Mr. Macali wasn't involved, and Ms. Wilson is not here right
now. We can check on that language.
Item #14
City of Virginia Beach - Through-lot Setbacks
Page 4
Joseph Strange: I think one requires a property line setback and one to a street.
John Waller: But it says an inground swimming pool may extend to within to five feet of
any side yard.
Karen Lasley: Rear yard. Okay.
John Waller: One place it says you can go to five feet and one says 20 feet. Which is it?
How close can you come?
Karen Lasley: My understanding is with this you can go to 20 feet. The five feet only
applies when you're not adjacent to a street. You okay with that wording Mr. Macali?
Do you want to see mine?
Bill Macali: I just need to look at it for a second.
Karen Lasley: Do you want to ask me a question?
=
Eddie Bourdon: I just have, and Ms. Lasley I don't know if you could answer the
question. I just have a philosophical quandary as to why an in ground swimming pool,
and we're talking about 20 feet. It's not 20 feet from the street, its 20 feet from where the
property line happens to abut the right-of-way. All of our right-of-ways with a rare
exception now, especially we have sidewalks. We have buffers. We have landscaping
along the right-of-way. We're talking in actuality inground swimming pools and this is
better than what we have today. I'll give you that. Inground swimming pools still on
through-lots have to be generally 35 - 40 or more feet from the actual road surface. You
can, as I said earlier trampolines, picnic tables, sand boxes, swing sets, any number of
things right up the rear parking lot on a through-lot. There is nothing to restrict any of
that, where kids play and the whole nine yards. You can deck the whole thing all the way
out to your property line, not just five feet. The deck as long as it is not more than 16
inches off the ground you can go all the way to the property line, a rear property line on a
through-lot. Ijust have never been able to understand where the concern was with an
inground swimming pool. There is no visibility whatsoever with an inground swimming
pool. I've asked the question of numerous people and have never been able to get an
explanation on why it matters with an inground swimming pool. Again, this is step in the
right direction but I don't see where an inground pool needs to be that far away when all
those other things can be much closer.
Karen Lasley: I can answer that with an example. If that inground swimming pool gets
too close to the right-of-way, if the City has to go in and make improvements to the right-
of-way, move some utility lines, that type of thing, we actually damaged a pool over on
Holland Road because they got too close making the improvements with the vibration and
they damaged the pool. We had to pay for that pool. So, that is why Public Utilities
Item #14
City of Virginia Beach - Through-lot Setbacks
Page 5
wants the inground pool as far away as possible from the right-of-way. This was kind of
a compromise to go with the 20 feet. Does that answer it?
John Waller: You didn't answer my question.
Bill Macali: I'll answer that.
Eddie Bourdon: Another issue that I brought up this morning Ms. Lasley, and it is
coming forward to deal with the situation of the north end that I have brought up.
Karen Lasley: That would be with the R-5R Amendment that were working on really
hard before the BRAC amendments came up. They're going to be coming forward soon
again and we'll get those out.
Barry Knight: Thank you. Mr. Macali.
=
Bill Macali: Mr. Chairman. What it says that no inground swimming pool, jacuzzi, hot
tub, etc., shall extend into the required side yard adjacent to the street, which means they
have to meet the setbacks when there is a yard adjacent to a street. Now the new
language just says that, "20 feet" on a through-lot, which is what we're exactly trying to
do. So, if you're on a through-lot the setback is 20 feet. If you're not on a through-lot the
setback is whatever the zoning district regulation requires. If it's adjacent to a street, so
the through-lot is basically a narrower category of what's adjacent to the street. So if
you're just on a comer lot and not a through-lot, your swimming pool has to meet the
setback as specified in that zoning district. But if you were on a through-lot, no matter
what the side yard or rear yard setback is for that zoning district, it's probably more 35,
50, whatever 30, if you're on a through-lot you only have to have your pool be 20 feet .
away. So it does make sense.
Karen Lasley: So the increased setback still applies when the street is on the side but now
if this passes it wouldn't apply to the rear.
Bill Macali: Right.
Karen Lasley: Which is kind how the code is worded. You're right. It's a little wordy.
It's necessary.
Ronald Ripley: Do you have the ordinance with you?
Karen Lasley: I just gave mine to Mr. Macali.
Ronald Ripley: Can you read out the different residential ordinance?
Karen Lasley: The setbacks?
Item #14
City of Virginia Beach - Through-lot Setbacks
Page 6
Ronald Ripley: Yeah, the rear setbacks.
Karen Lasley: When the street is there it becomes the same as the front setback, so in the
R-40 District that would be 50 feet. Let me find it.
Ronald Ripley: What would be the typical?
Karen Lasley: R-40, R-30 and R-20 are 50 feet. For R-15, R-lO, and R-7.5 it would be
30 feet. And then R-5D, R-5R and R-5S it becomes 20 feet.
Ronald Ripley: And that is if it's a through-lot?
Karen Lasley: A through-lot. Yes sir.
Ronald Ripley: If it wasn't a through-lot what would be typical backyard?
Karen Lasley: Ten feet usually.
Ronald Ripley: Ten feet.
= Karen Lasley: Rear yard setback.
Ronald Ripley: Is that R-40 too?
Karen Lasley: R-40 is 20 feet. Wait a minute. Let me make sure I have the right line
here. Okay. R-40 is 20 feet, R-30 20 feet, R-20 20 feet. It's 20 feet all the way across.
Now that is for the house. I'm sorry. That's for the main house. Okay. Well R-40 is 20
feet, R-30 and R-20 is 15 feet. The rest are 10 feet.
Barry Knight: Are there any other questions for Ms. Lasley?
Ronald Ripley: So 20 was some sort of compromise? Is that what that was with
discussion with staff? Basically?
Karen Lasley: Right, with the engineers. They don't want accessory structure too close to
the right-of-way but they agreed that 30 feet was excessive.
Ronald Ripley: Okay.
Eugene Crabtree: I make a motion that we approve Item #14.
Barry Knight: A second by Henry Livas. Is there any discussion? There is a motion on
the floor to approve agenda Item #14. A motion made by Gene Crabtree and a second by
Henry Livas. Lets call for the question.
Item #14
City of Virginia Beach - Through-lot Setbacks
Page 7
AYE 11
NAY 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
~GHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
ABSO
Ed Weeden: By a vote of 11-0, the Board has approved Item #14.
Barry Knight: Thank you.
=
ABSENT 0
1
2
3
4
AN ORDINANCE TO AMEND SECTIONS Ill, 201 AND
502 OF THE CITY ZONING ORDINANCE PERTAINING TO
REAR YARD SETBACK REQUIREMENTS FOR SWIMMING
POOLS AND ACCESSORY STRUCTURES ON THROUGH LOTS
5
SECTION AMENDED: CZO 111, 201 & 502
6
WHEREAS, the public necessity, convenience, general welfare
7
and good zoning practice so require;
8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
10
That Sections 111, 201 and 502 of the City Zoning Ordinance
11
are hereby amended and reordained, to read as follows:
12
ARTICLE 1. GENERAL PROVISIONS
13
Sec. 111. Definitions.
14
15
Lot, Through. Any lot other than a corner lot that has
16
frontage on more than one street or private road.
17
18
19
ARTICLE 2: GENERAL REQUIREMENTS
AND PROCEDURES APPLICABLE TO ALL DISTRICTS
20
Sec. 201. Yards.
21
(a)
General. All required yards shall be unobstructed by any
22 structure or other improvement which exceeds sixteen (16) inches in
23 height as measured from ground elevation; provided, however, the
24 following improvements may be located in a yard:
25
(1)
In-ground swimming pools, jacuzzis, hot tubs or similar
26 structures may extend to within five (5) feet of any side or rear
27 property line, provided however, that no in-ground swimming pool,
28 j acuzzis, hot tubs or similar structures shall extend into any
29 required yard adjacent to a street~, except that swimming pools,
30 jacuzzis, hot tubs or similar structures may be located no closer
31 than twenty (20) feet to any property line to the rear of any
32 principal structure on a through lot.
33
34
ARTICLE 5. RESIDENTIAL USES
35 Sec. 502. Dimensional requirements.
36 The following chart lists the requirements within the R-40 through
37 R-5S Residential Districts for minimum lot area, width, yard
38 spacing and maximum lot coverage for single-family dwellings.
39
40
41
(a)
For single-family dwellings:
Residential Districts
R-40
R-30
R-20
R-15
R-10
R-5D
R-5S
R-7.5
R-5R
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
(11.1)
Minimum
setback on
through lots
for
accessory
structures
that are
physically
located to
the rear of
the
principal
structure in
feet. 20
20
20
20
20
20
20
20
20
58
59 COMMENT
60 These amendments were recommended by the Board of Zoning Appeals. Through lots (lots that
61 have streets on both the front and rear of the property) have presented unique situations llr citizens
62 because of the increased setbacks required. These amendments will alleviate those problems to some
63 extent. It provides in lines 15-16 a definition of through lot, and allows in for pools and similar
64 structures to have a 20-foot rear yard setback. It also allows accessory structures to have a 20-foot rear
65 yard setback on through lots.
66 Adopted by the City Council of the City of Virginia Beach,
67
Virginia, on this
day of
, 2005.
CA-9286
OID/orders/proposed/czo502ord.doc
R6
July 7, 2005
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
M. APPOINTMENTS
BEACHES and W A TERW A YS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
RESORT AREA COMMITTEE (RAC)
SOCIALSERV~ESBOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
M B L
DATE: 3/7/06 C E S L
D C M R C A W
PAGE: 1 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
I/II/llIIIV CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
NfE
F/G MINUTES APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y
February 21/28, 2006 B
S
T
A
I
N
E
D
H PUBLIC HEARING NO SPEAKERS
RESIDENTIAL WATER/SEWER TAP FEES
INCREASE
1/1/1 Ordinance to AMEND ~~ 28-3, 28-9/37-7/ADD ADOPTED. BY 10-1 Y Y Y Y Y Y Y Y Y Y N
~~ 28-3.1/37-7.1 of City Code re fees for CONSENT
sewer/water connections
2 Ordinance ESTABLISIDNG "Transition ADOPTED 7-3 Y Y A Y Y N Y N Y N Y
Rules" re RT-2
3/a Ordinances to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
APPROPRIA TEffRANSFER: CONSENT
ESTABLISH CIP Conformity/Acquisition-
APZ-lJInterfacility Traffic
Areas/APPROPRIATE $3,700,000 from
ARP re purchase of land
b $370,000 re multi-space parking meters ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
c $233,900 re Police equipment and canines ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
d $115,000 re waste collection vehicle ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
e $60,000 re clubhouse at Red Wing Lake ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Golf Course CONSENT
4 Resolution re modification of Joint Use ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Agreement VB Mariners, Inc. for the CONSENT
Sponsplex
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
M B L
C E S L
DATE: 3/7/06 D C M R C A W
PAGE: 2 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
0
L R S N X F E T A N D
K APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
BEACHES and WATERWAYS
COMMISSION
INVESTMENT PARTNERSHIP ADVISORY
COMMITTEE - PPEA
MEALS TAX TASK FORCE
RESORT ADVISORY COMMISSION
(RAC)
UM/N ADJOURMENT: 7:00 P.M.
PUBLIC COMMENTS I Speaker 11-0 Y Y Y Y Y Y Y Y Y Y Y
7:01 - 7:15 P.M.
NON-AGENDA ITEMS
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE COUNCILMANIC
ELECTION